R. B. Mehrotra, J. - (1.) IN both the above writ petitions, the question which have been raised for consideration can be conveniently decided by a common judgment. The counsel for the parties have also agreed that both the writ petitions may be decided together.
(2.) THE facts necessary for decision of the aforesaid writ petitions are being succinctly noted. Sri Daya Shanker Mishra, the petitioner in writ Civil Misc. Writ Petition No. 8013 of 1989, was appointed as a Salesman on daily wage basis in National Textile Corporation at its Divisional Office, Moti Nagar. Delhi on 22nd of February, 1977. By letters dated 28th of May, 1982, the Divisional Office, Marketing Division, informed that the petitioner has successfully completed the period of probation on 24th of November. 1979 and is entitled to draw an annual increment as per terms and conditions of appointment w.e.f. 1st of November, 1979. It was stated in the letter that the petitioner will be allowed to continue in service till further orders. The petitioner was initially appointed only as a delivery boy and later on was selected as a Salesman. On 4th of March, 1986, the Divisional Office informed the petitioner that the petitioner who had been officiating as Incharge, National Textile Corporation, Show-room, Katra, Allahabad, is allowed charge allowance at the rate of 20% of his basic salary w.e.f. 26th of January, 1986, subject to basic salary plus charge allowance being limited to the minimum of salary range of the next higher grade i.e. Shop Manager, Grade-II. The petitioner has also filed a office note with his rejoinder affidavit wherein it has been Incorporated :- "As per agreement executed between the Management and Unions of Retail Sales Division, no unanimity could be reached on the issue of seniority and it was agreed that the matter be referred to CMD for final decision. Subsequently in the meeting held on 23-9-1984 it was decided that cadre-wise seniority of sales force staff be maintained separately for each division. It was also decided that the Salesmen officiating on the post of Shop Manager, Grade-II be regularised on seniority-cum-merit basis In the context of above, it is further decided that common seniority of Shop Managers, Grade-I and II be maintained combined for all the divisions." Petitioner's grievance is that in accordarce with the office memo, the petitioner is entitled to promotion on the basis of seniority on the post of Shop Manager, Grade-II. Petitioner's further grievance is that the petitioner was entitled to the pay scale which the employees mentioned in Grade-I of wage group are getting Since the respondents did not accede to the request of the petitioner, he has filed the present writ petition for the aforesaid two reliefs, namely, for a direction to the respondents to pay salary to the petitioner on the basis of pay scale available to Grade-I of the wage group in the National Textile Corporation, LTD (hereinafter referred to as the NTC) and also for a direction to the respondents to promote the petitioner on the post of Shop Manager, Grade-II.
(3.) SRI Ravindra Nath Tewari, the petitioner in Civil Misc. Writ Petition No, 8014 of 1989 was appointed initially as a Salesman on ad hoc basis for 90 days on 22nd/25th of January, 1977. The petitioner, however, continued as a Salesman after his appointment without any break. On 3rd of September, 1979, the Divisional Manager of Marketing Division asked the petitioner to appear in interview for the post of Shop Incharge, The petitioner was successful in the said interview and on 5th of July, 1980, the petitioner was given charge of NTC Show-room. Katra, Allahabad. On 30th of September, 1980, the petitioner was promoted as Assistant Manager-Grade-III and continued to be posted in NTC. Show-room, Katra, Allahabad, Petitioner's services as Assistant Manager were confirmed on 30th of September, 1981. The petitioner claimed that by notification dated 1st of April, 1984, the post of Assistant Manager, Grade-Ill was abolished and it was notified that the post of Shop Manager would be treated as Grade-II post. On 11th of June, 1985, the petitioner made a representation to the Director, Commercial, N.T.C. that since the petitioner had been working as Shop Manager in Grade-II in Show-room of N.T.C, hence his services may be governed in accordance with the National Textile Corporation (U.P.) Ltd. Employees Conduct, Discipline and Appeal Rules, 1975. The petitioner claimed that in view of Order-2 of 1984 issued by N.T.C. on 10-1-84 read with Order-9 of 1984 issued by N.T.C. on 22-2-84, he is entitled to bet the scale in the category of Grade-II. On the petitioner's representation, the Director (Commercial) gave assurance that the matter of revision of pay scale is being considered and a Committee has been constituted and the Committee will submit its report within three months. Petitioner's grievance is that despite the aforesaid assurance, nothing has been done. Compelled by the inaction of the respondents, the petitioner filed the present writ petition, praying for a writ directing the respondents to pay salary to the petitioner on the basis of pay scale of employees mentioned in Grade-II of the Wage Group and also for a direction to the respondents to give all benefits and emoluments to the petitioner mentioned in C.D.A. Rules. Notices were issued in aforesaid writ petitions and counter affidavits had been filed by the N.T.C.;