GIRIJA SHANKER MISHRA Vs. DIRECTOR/APPELLATE AUTHOIRTY GAIL, NEW DELHI
LAWS(ALL)-2014-3-41
HIGH COURT OF ALLAHABAD
Decided on March 24,2014

Girija Shanker Mishra Appellant
VERSUS
Director/Appellate Authoirty Gail, New Delhi Respondents

JUDGEMENT

- (1.) Heard Sri A.K. Malviya, learned counsel for the petitioner and Sri Punit Kumar Shukla, holding brief of Sri Prakash Padia, learned counsel appearing for the respondents.
(2.) It is the case of the petitioner that vide order dated 25.12.1996, issued by the Deputy General Manager ( P & A) GAIL, U.P. Petro Chemicals Complex, Pata, petitioner has been appointed as Junior Engineer ( Chemical) at U.P. Petro Chemicals Complex, Pata, Auraiya. After completion of one year probation period, his services have been confirmed on 22.12.1997. The petitioner's services have been terminated vide order dated 18.9.2001. Against the said order, petitioner filed an appeal which has been decided vide order dated 27.11.2002. The appellate authority passed the following order:- " And wherefore, in exercise of the powers conferred upon the undersigned vide Standing Order-41 read with Standing Order-32 of Certified Standing Orders of GAIL, is of the considered opinion that ends of justice shall be met with if Shri Mishra is given another opportunity to work and hereby orders for re-employment of said Shri G.S. Mishra placing him at the reduced stage in the time scale i.e. at the minimum of scale of pay he was holding prior to the removal from services of the company, which is now Rs. 7200/- ( open ended) (S-7 level). The period of his removal from services until re-employment in above terms shall be treated as ' dies on' i.e. it will not count for any purpose/ benefit, whatsoever".
(3.) The petitioner joined on 2.12.2012 as Junior Engineer. He has been granted promotion in the year 2007. The case of the petitioner is that he is entitled for the promotion on completion of 4 years of his services as Junior Engineer.To this effect he filed a representation before the authority concerned, which has been rejected vide order dated 2.3.2006, which is impugned in the present writ petition.;


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