MAGHU RAM Vs. HPSEB AND ORS.

JUDGEMENT

(1.) BY means of this petition, the Petitioner claims benefit of FR -22(1)(a) (i) after giving benefit of first time bound promotional scale on completion of nine years service on the ground that his juniors have also been given the same benefit.

(2.) THE stand of the Board is that the Petitioner alongwith his three juniors who were all working as T. Mates was promoted as Assistant Lineman in June, 2005. Thereafter, the basic pay of all the persons including the Petitioner was fixed at Rs. 2720/ - w.e.f. 1.1.1996 and in May, 2005, all of them were drawing basic pay of Rs. 3870/ -. The stand of the Board is that on promotion as Assistant Lineman, the three persons junior to the Petitioner exercised option to get their pay fixed under FR -22(1)(a)(i) w.e.f. 16.6.2005 and 30.6.2005. They lost the benefit of one increment for the next seven months and they were granted the next increment only on 1.2.2006. The Petitioner however did not exercise such option.

(3.) IN this case, we are dealing with an employee who is virtually at the lowest rung of the ladder. How can such an employee know that if he does not give an option, he may suffer monetary loss for the rest of his career? It is also the duty of the employer like, the Board in the present case, to inform its employees especially those who are at the lower level that in case of revision of pay scales etc., they must exercise their options to fix their pay under FR -22 (1)(a)(i) and what would be the effect of their exercising the option or not exercising the option. Since the Petitioner was never given an opportunity to exercise the option, he is entitled to exercise this option even now.