- (1.) The petitioners have approached this Court praying for issuance of writ of certiorari for quashing/removing the words Personal Posts' in the order dated 21.07.2000 re designating the petitioners as Junior Engineers/Generation (Personal Post) for the period 15.01.1986 to 30.03.1999 in pursuance to the order dated 27.08.1999 (Annexure P-1) passed by this Court in CWP No. 19518 of 1998 (Annexure P-8) preferred by the petitioners challenging the action of the respondents denying them the benefit of re-designation as Junior Engineers whereas similarly placed employees, who approached the Labour Court and had an award in their favour, have been designated as such. A Writ of Mandamus has also been prayed for issuance of directions to the respondents for grant of 1st and 2nd ACP by treating them as Junior Engineers from the date of their regularisation and re-designation and granting them all other consequential benefits including promotion etc. Counsel for the petitioners contends that some of the similarly placed employees approached the Labour Court through an industrial dispute, which was referred to and an Award in favour of the petitioners was passed by the Labour Court wherein their claim for re-designation as Junior Engineers/Generation was accepted. Writ petition challenging the said award by the respondents was dismissed by this Court leading to the passing of the order dated 22.07.1999 (Annexure P-3) whereby the petitioners before the Industrial Tribunal were re-designated as Junior Engineers but on Personal Post'. This order was subsequently modified by the respondents on their own vide order dated 14.03.2001 (Annexure P-4) deleting the word Personal Post' appearing in the order dated 22.07.1999. Counsel for the petitioners further submits that as per the observations made by this Court in its order dated 27.08.1999 (Annexure P-1), the case of the petitioners has been found absolutely the same as that of the persons who had approached the Labour Court and therefore, the petitioners are entitled to the same benefit as has been granted to the petitioners, who had approached the Labour Court. Even this Court vide order dated 27.08.1999 (Annexure P-1) had granted the said benefit but the respondents except for granting them re-designation as Junior Engineers/Generation (Personal Post) for the period from 15.01.1986 or subsequent date to 30.03.1999, denied the said benefit for the purpose of seniority, ACP and promotional benefits virtually rendering the effect of the order a nullity. Counsel has further referred to the order dated 06.10.2000 (Annexure P-5) passed by this Court in CWP No. 2879 of 1999 wherein relying upon the order passed by this Court in the writ petitions preferred by the petitioners (Annexure P-1), ordered similar benefits to those petitioners who were juniors to the petitioners and while implementing the said order, they have been granted clear re designation as Junior Engineers with all consequential benefits whereas the said benefit has not been granted to the petitioners. Thus, there is a violation of Articles 14 and 16 of the Constitution of India and so prayer has been made by the petitioners entitling them to the claim as prayed by them through the present writ petition.
(2.) On the other hand, counsel for the respondents submits that the petitioners have approached this Court at a belated stage and therefore, the claim as made by the petitioners cannot be accepted. His further contention is that the respondents have rightly granted them re-designation on the Personal Post' and the order passed by this Court has been duly complied with, however, he could not make out any distinction with regard to the petitioners viz-a-viz petitioners in CWP No. 19518 of 1999 as also observations made by this Court in order dated 27.08.1999 (Annexure P-1).
(3.) I have considered the submissions made by counsel for the parties and with their assistance gone through the case. I am of the opinion that the present writ petition deserves to be allowed. Facts are not in dispute and therefore, the same are not reiterated for brevity. It is not in dispute that the petitioners in the present writ petition are similarly placed as petitioners who had approached the Labour Court and had obtained an award from Industrial Tribunal in their favour against which writ petition preferred by the respondents stood dismissed, which led to compliance of the said award vide order dated 22.07.1999 (Annexure P-3). In the said order, the benefit was restricted to the Junior Engineers so designated on Personal Post', however, in a subsequent order dated 14.03.2001 based on the decision of the Board of Directors in its meeting held on 28.02.2001 the earlier order dated 22.07.1999 was modified on 14.03.2001 removing the word 'personal post'. In the said order which had the effect of treating them as Junior Engineers for all intents and purposes that is from the date of 15.01.1986 to 30.03.1999 which would mean that they would be entitled for grant of seniority, and other consequential benefits including ACP and promotional benefits which benefit was denied to the petitioners despite order dated 27.08.1999 passed in CWP No. 19518 of 1999. They were merely designated as Junior Engineers but on Personal Post', which would have the effect of re-designation as the said service rendered by them from the period 15.01.1986 to 30.03.1999.;