RAJ RAJYA VIDYUT UTPADAN NIGAM Vs. KARAM SINGH

JUDGEMENT

(1.) MR . Hari Om Avasthi, Dy. Director (Karmik), Raj. Rajya Vidyut Utpadan Nigam Ltd., present in person.

(2.) INSTANT review petition has been filed at the instance of the employer Raj. Rajya Vidyut Utpadan Nigam Ltd. arising from the order dt. 29.01.2013 passed by the Division Bench of this Court.

(3.) THE Division Bench of this Court finally held that the incumbent who has completed two years continuous service as per the classification made could be considered by the screening committee constituted by the employer review petitioner herein for grant of regular pay -scale to such of the employee who has completed two years of service on 31.03.1983 and continuing in Board's service thereafter and all the cases of individual workman for grant of regular pay -scale on completion of two years of service may be examined by the screening committee. As it reveals from the record that the screening committee considered for regularization of service and granted benefit of regularization of service to the individual in the instant case to the workman w.e.f. 01.04.1989 but the dispute came up for consideration when the question arose that the workman who has completed two years of service and is found to be suitable whether he is entitled for regular pay -scale from 01st April of the year in question and since no justification came forward as to why the same has been denied to him the individual workman and to the present workman in particular, the Division Bench finally observed that there appears reason in upholding the view expressed by the Tribunal in granting regular pay -scale w.e.f. 01.04.1983 to such of the workman who has completed two years of service as on 31.03.1983 but as regards regularization is concerned, appropriate posts, qualification, suitability are required to be looked into since on being regularized the employee becomes member of service & entitled for service benefits but as regards grant of regular pay -scale is concerned no other service benefits could be extended to him except the pay which became payable to the employee who is discharging similar duties on the envil of Article 39D of the Constitution of India.