R.B.Misra, J. - (1.) Heard Sri T.N. Tiwari, learned Counsel for the petitioner and Sri V.B. Singh, learned Senior Advocate, along with Sri Vijay Sinha, learned Counsel for National Textile Corporation Limited, Kanpur/respondent Nos. 1 and 2.
(2.) In this petition prayer has been made seeking writ of mandamus to the respondent to consider the petitioner for up-gradation and placement in the grade of Rs. 500-900/- (new grade of Rs. 1640-2900/-) from his existing grade of Rs. 425-700/- (new grade of Rs. 1400-2300) with effect from 1.9.1988. Further prayer has been made for quashing the order dated 6.4.1994 (Annexure-11 to the writ petition), whereby the representation of the petitioner in the light of the order dated 13.1.1994 passed by this Court in Writ Petition No. Nil of 1993 (Birendra Kumar Shukla v. The Chairman-cum-Managing Director, National Textile Corporation (U.P.) Limited, Kanpur and Anr.) was considered and rejected with an assurance that the Departmental Promotion Committee to be convened in future shall consider the case of the petitioner along with other deserving candidates in accordance with law.
(3.) According to the petitioner, he is a diploma holder and was deployed as an Electric Supervisor in Laxmi Ratan Cotton Mills, Kanpur and had also worked in different mills under the National Textile Corporation Limited, Kanpur since 18.12.1981 and the petitioner was in the grade of Rs. 1400-2300/- while other diploma holders were allowed to work in the scale of Rs. 1640-2900/with effect from 1.9.1988 and 1.1.1989 respectively. The petitioner has claimed that he was a confirmed Electric Supervisor earlier in the grade of Rs. 330-500/- (old) w.e.f. 17.12.1982 and as per recruitment and promotion rules he was provided grade of Rs. 425-700/- (Pre-revised Rs. 1400-2300/-) w.e.f. 1.9.1988. The petitioner claims that he is still working in the grade of Rs. 425-700/- although the rules provides for higher grade of Rs. 500-900 after completing three years service in the existing grade and since the petitioner has completed the required period of his eligibility of three years on 31.8.1991 in existing grade of Rs. 425-700/-, therefore, he was entitled to next higher grade of Rs. 500-900/- w.e.f. 1.9.1991. As submitted on behalf of the petitioner, the claim of higher grade was refused on the ground of loss of production activities and poor financial condition of the employer mill, which was not justifiable as at the relevant time large number of promotion and up-gradation were made in respect of many other persons, e.g., Sri Vivek Bhushan was given higher grade of Rs. 1640-2900/- (old grade Rs. 500-900/-) w.e.f. 25.3.1993 (Annexure-13 to the writ petition) as well as Sri C.B. Singh, a junior employee, was given higher grade of Rs. 500-900/- (old) w.e.f. 1.9.1988 (Annexure-3 to the writ petition) ignoring the claim of the petitioner, whereas, Sri C.B. Singh was appointed as apprentice supervisor in the year 1987 much after the deployment of the petitioner and the petitioner was a confirmed supervisor on 17.12.1982. According to the petitioner, non-up-gradation of petitioner keeping in view his seniority and suitability and despite the recommendation by the Superior Officers is illegal; and secondly the petitioner's claim being matured can not be defeated on the ground of loss of production activities in view of the judgment of this Court passed on 22.4.1994 in Writ Petition No. 10348 of 1991 (Miss Sita Thakur v. Chairman/ Managing Director, NTC, U.P., Ltd. Kanpur and Ors.), where loss of the employer's unit was not a bar for consideration of the up-gradation of scale of writ petitioner by the Departmental Promotion Committee.;