JAGAN NATH Vs. NATIONAL HYDRO-ELECTRIC & ANOTHER

JUDGEMENT

(1.) By way of present writ petition, petitioner has prayed for following reliefs:-

(2.) Briefly stated facts necessary for the adjudication of the case are that the petitioner was appointed as Scientific Assistant Grade-I vide order dated 2.2.1978 and he joined as such on 20.7.1978 in Salal Hydro Electric Project and was posted in Quality Control Unit. Vide order dated 20.7.1978, petitioner was reappointed as Research Assistant (Regular) and was posted in Quality Control Division. However, on account of transfer of Salal Project to NHPC Limited, services of the petitioner were transferred in the same capacity, designation and nature of job with effect from 1.4.1983 to NHPC Limited. Petitioner also averred that owing to redesignation of the post of Research Assistant, designation of the petitioner was changed vide letter dated 14.1.1985 and he was promoted w.e.f. 1.7.1984 as Senior Supervisor (Research) Grade-II. However, vide order dated 1.7.1988, petitioner was promoted as Senior Supervisor Grade-1 and thereafter promoted as Research Officer in the year, 1992 and Assistant Manager( Research) in the year, 1996. In the year 2001, petitioner was promoted as Deputy Manager and as Manager (Research) w.e.f. 1.4.2006.

(3.) Petitioner being aggrieved with the advertisement No. PER/4/1990 (Annexure P-3) issued by the respondents, inviting applications for the few posts in its Corporate Office and existing/future Projects/Units. Vide aforesaid advertisement; respondents also invited application for the post of Research Officer. Perusal of the advertisement suggests that a person with M.Sc in Chemistry or Physics was eligible to apply for the aforesaid posts. Petitioner alleged that a person with M.Sc in Chemistry or physics with experience in the field of Concrete Technology and Soil Mechanics cannot be termed to be a fit person to work in the said field. Petitioner also alleged that the respondents solely with a view to help their favourites, issued Rules/Procedure of promotion policy (Annexure P-4),wherein for the post in Research Wing, qualification of M.Sc from a recognized university has been prescribed. Petitioner averred that for the job assigned to the research cadre, employees of the Corporation, who are performing their duties in Concrete Technology and Soil Mechanics apart from maintenance and up-keep of machines, are fit to be appointed as Research Officer.