BASHIR AHMAD MALLA Vs. J K CEMENTS LIMITED

JUDGEMENT

(1.) FOLLOWING facts are admitted by the parties. The petitioner as well as respondent No.2 and 3 were appointed as Assistant Burners Vide order dated 27.12.1980 issued by respondent No. 1. Both the respondents No.2 and 3 admittedly left the job in the year 1983. Subsequently, both of them were appointed on the post of Burner vide order dated 12.5.1984 in the pay scale of Rs.400 -900 (un -revised), but their initial basic pay was fixed at Rs. 1200/ - per month. They were also entitled to cost of living allowance (COLA). The petitioner felt aggrieved and submitted representation against the appointment of the respondent No.2 and 3 as Burners ignoring their seniority. Respondents No. 1 promoted both the petitioners as Burners to the pay scale of Rs.470 -900 with effect from 13.3.1984 vide order dated 7.1.1985. Para -4 of this order provided that seniority of the Burners shall remain as it existed before 1983.

(2.) THE grievance of the petitioners is that although they have been promoted as Burners, but while the basic pay of respondents No.2 and

(3.) WHO are junior to them had been fixed at Rs. 12007 - the same is denied to them. They therefore, seek a direction to pay them Rs. 1200/ - with effect from 13.3.1984 and also fix their seniority above the respondents No.2 and 3. 3. The stand of the official respondent is that the basic pay of private respondents has been fixed at Rs. 1200/ - taking into account their efficiency and experience. It has however, justified denial of same treatment to the petitioners even though they were promoted retrospectively. The stand of the private respondents is that although they left the service, but they were persuaded by the management to re -join on the terms and conditions stipulated in the appointment order to which they agreed.