FAZAL KARIM Vs. M.D. JKPCC AND OTHERS

JUDGEMENT

(1.) - In this petition, the petitioner has, inter alia, prayed for a writ of certiorari for quashing order No.7334/38 dated 27.03.2002 by virtue of which the claim of the petitioner for grant of benefit of SRO 149 of 1973 was rejected. The petitioner has also prayed for quashing promotion of respondent No.3 to the post of Chargeman made in the in the year 1984 and to the post of Chief Foreman in the year 1996 and also his further promotion to the post of Manager Maintenance in the year 2001. Similarly the petitioner has also assailed the promotion of respondent No.4 to the post of Senior Mechanic made by the respondents in the year 1985 and to the post of Foreman in the year 1996. The petitioner also seeks a direction to the respondents to extend the benefit of SRO 149 of 1973 to the petitioner and accordingly, promote him to the post of Senior Mechanic having due regard to the SRO 149 of 1973 with all consequential benefits.

(2.) Briefly stated, the admitted facts on record, are that the petitioner was initially engaged as daily wager in the respondent-corporation and was brought on the work charge establishment w.e.f. 24.03.1981 as Mechanic in the then pay scale of Rs. 300-500. The services of the petitioner were later on regularized w.e.f. 31.03.1985. He was promoted to the post of Senior Mechanic w.e.f. 01.04.1995 and was placed in the next higher pay scale of Rs. 6400-10000 w.e.f. 10.05.2001. The petitioner got further promotion to the post of Foreman on 28.11.2007 pursuant to the recommendations made by the Departmental Promotion Committee (DPC), but this was in his own pay and grade.

(3.) The grievance of the petitioner, as projected in this petition, and agitated on the basis of reply of respondents is that, though, he was promoted to the post of Foreman on the recommendations of the DPC on 28.11.2007 but the pay scale attached to the post was not released in his favour nor his promotion as Foreman was formally regularized by the respondents.