LAWS(JHAR)-2012-11-74

SHANKAR MAHTO Vs. BHARAT COKING COAL LTD.

Decided On November 27, 2012
SHANKAR MAHTO Appellant
V/S
BHARAT COKING COAL LTD. Respondents

JUDGEMENT

(1.) BY the Court. -Heard learned counsel for the parties.

(2.) THE petitioner has come before this Court for commanding upon the respondents to consider his case for placement as Senior Compounder in Technical and Supervisory Grate -'B' (SLU i.e. Service Linked Upgradation) as per Cadre Scheme of Para Medical Staff with effect from 1.1.1990 as he is holding the post of Senior Compounder in Technical and Supervisory Grade -C with effect from 1.1.1990.

(3.) THE respondents in their counter affidavit supporting the impugned order on the basis of Cadre Scheme of 1995 submit that petitioner did not possess required qualification of Diploma in Pharmacy for being promoted to the said Technical Grade -'B' as Senior Pharmacist on regular basis, but at the same time at para -18 in their affidavit, it has been categorically stated that the petitioner has been granted the next higher grade under the Service Linked Upgradation (S.L.U.) Scheme and he became eligible to receive the scale of Technical and Supervisory Grade -'W', although substantively holding the post of Technical and Supervisory, Grade -'C' without any change in designation and job description.