BHARAT SANCHAR NIGAM LIMITED Vs. DUNI CHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 5.4.2008 in CWP No. 812/2007 whereby the learned Single Judge of this Court has directed the appellants to consider the case of the petitioner for grant of Special Grade with effect from the date he had completed three years after the grant of Grade -I scale to him with all consequential benefits. The undisputed facts are that the respondent (hereinafter referred to as the petitioner) is working as a driver with the appellant. He joined service in the Post & Telegraph Department of Union of India on 14.12.1982 and on the formation of the Bharat Sanchar Nigam Limited, he exercised his option to be transferred to the H.P. Telecom Circle vide letter dated 31.5.1993. He was promoted as a driver Grade -I on 14.12.1997.

(2.) THE Union of India issued a memo dated 15.2.2001 introducing a special grade of Rs. 5000 -8000 with effect from 28.1.2002. The condition laid down was that promotion to the special grade was to be made on the basis of seniority -cum -fitness from amongst Grade -I drivers having three years regular Staff Car Drivers service in Grade -I. It is not disputed that the writ petitioner falls in this category. The main ground raised on behalf of the appellant is that only 5% employees in this Grade are to be given to the special Grade and therefore, the case of the petitioner could not be considered. The learned Single Judge has found that there are no specific rules in this behalf and it is apparent that service at different levels can be combined to count the total length of service. The case of the petitioner was recommended by all the authorities and he admittedly is the senior most driver in the category. Since, the only condition of the Notification issued by Union of India is that the incumbent was to have three years service in Grade II, which qualification the writ petitioner fulfills, the learned Single Judge was fully justified in issuing the directions and allowing the writ petition.