JUDGEMENT
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(1.) The petitioner in this art. 226 petition dated November 14,
2005 is questioning the decision of the Assistant General Manager (P) of National
Jute Manufacturers Corporation Ltd. (a Government of India Undertaking) dated
June 9, 2005, Annexure P13 at p.55, that he was not entitled to the Code 9 scale
of pay introduced in the year 1983.
(2.) The petitioner joined the corporation in 1980. NJMC Service Rules &
Regulations, 1982 were applicable to him. For bringing in uniformity in the pay
scales of employees, in 1983 the corporation offered all its supervisory and
managerial cadre employees altered terms and conditions of service with option
either to remain on the pre-existing scale or to accept the altered pay scale. The
petitioner, designated as senior supervisory assistant, accepted the altered terms
and conditions on June 16, 1983 without any protest and accordingly was
assigned the Code 10 scale of Rs.750-35-1205.
(3.) In 1986 the petitioner submitted a representation dated April 22, 1986,
Annexure P1 at p.35, stating these. Some of his colleagues were given the scale
of Rs.900-40-1100 EB 40-1300-50-1500 as upgradation benefit with the
designation assistant officer. He was of the impression that he had not been
given the benefit of upgradation as he was not a graduate. In 1984 he obtained a
bachelor s degree doing a three-year course. Hence the corporation should
consider his case for upgradation to the post of assistant officer on merits.;
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