- (1.) Relief sought in this writ petition is for quashing of the order dated 6/8.7.91 (Annexure-9) wherein the petitioner has been shown as Project Manager, HeadOffice, Jaipur and has been transferred as Project Manager, Granite Project, Jalore and also that the Respondent may be directed to post him on the post of General Manager (Operations) or on any other equivalent post in the pay scale of Rs.4500-5700 as has been done in the case of two other employees.
(2.) The petitioner, who possesses degree of Engineering in Mining, was appointed as Senior Mining Engineer or 10.3.76 in the erstwhile Rajasthan State Industrial and Mineral Corporation in the grade of Rs.1300-1800. Rajasthan State Industrial and Mineral Development Corporation was bifurcated in the year 1976 into two separate Corporations, namely, Rajasthan State Industrial Development and Investment Corporation and Rajasthan State Mineral Development Corporation (for short 'RSMDC'). Options were given to the employees to opt for the service of either of the Corporations. The petitioner opted for the service of RSMDC by an order dated 30.11.79 issued under the signatures of the Senior Manager (Admn. & Personnel) of RSMDC. The petitioner was treated an officer in the service of RSMDC with effect from 1.12.79 on same terms and conditions of service on which he was serving in RIMDC prior to his transfer to RSMDC. Service of the petitioner was terminated by an order dated 9.4.82. This was challenged by him in S.B. Civil Writ Petition No. 619/82 V.P. Johri v. RSMDC. This writ petition was allowed by the High Court vide judgment dated 12.1.87. The order of termination dated 9.4.82 was quashed and the Respondent Corporation was directed to reinstate the petitioner in service with all other consequential benefits. The petitioner submitted his joining report on 22.1.87 with the Respondent Corpn. On 11.2.87 an order was passed by the Manager (Personnel & Administration) of the Respondent Corporation whereby the petitioner's services were placed at the disposal of Rajasthan State Tungsten Development Corporation Ltd., (hereinafter referred to as RSTDC). The petitioner joined under RSTDC on 12.2.87 in the capacity of Senior Mining Engineer. Subsequently, by an order dated 18.2.87 of the Chairman & Managing Director of RSTDC, the petitioner was appointed as General Manager (Operations) in the service of RSTDC in the grade of 2600-2800 with other allowances. When the petitioner took over as General Manager (Operations), Dr. A.K. Lahiry was redesignated as General Manager (Planning and Development). Subsequently, a corrigendum dated 28.2.87 was issued under the signatures of the Chairman and Managing Director of RSTDC, the word 'officiating' was inserted in the third line of the office order in between the words 'as' and 'General Manager' (Operations).' The petitioner continued to work as General Manager (Operations) (in RSTDC) and he has claimed that his performance is absolutely satisfactory. He was also given additional charge of the post of General Manager (Planning and Development) with the retirement of Dr. A.K. Lahiry in the afternoon of 31.1.88. He has stated that the Chairman and Managing Director of RSMDC asked him to return back to RSMDC after completing the verification of the assets because the assets of RSTDC were sold to Hindustan Zinc Ltd. Udaipur. This conversation was followed by a letter dated 11/13.6.91 of the Chief (Personnel and Admn.) of RSMDC whereby the petitioner was directed to report for duty to the Chief Mining Engineer at Udhyog Bhawan, on his repatriation from RSTDC. He was described as Senior Mining Engineer (Project Manager) in that order. The petitioner submitted his joining report on 17.6.91 after discussion with the Chairman and Managing Director of RSMDC. Due to death of his father on 14.6.91 he submitted application for grant of PL. from 17.6.91 to 25.6.91. After availing his P.L., he again submitted application on 26.6.91 and requested that he may be allocated work. He however found that an order dated 6/8.7.91 has been issued under the signatures of Chief Engineer (Administration & Personnel) purporting to transfer him from Head Office Jaipur to Granite Project. He made representation against this arbitrary action of the authorities of the Corporation but did not get any justice from them. He, therefore, served a notice of demand for justice through his counsel on 15.7.91. On the next day, order dated 16.7.91 was passed for relieving the petitioner for his joining at Granite Project, Jalore. The petitioner has stated that he has unlawfully been reverted from a higher post to a lower post. He was holding the post of General Manager (Operations) in RSTDC in the pay scale of 4500-5700 and has now been posted as Project Manager (Senior Mining Engineer) in the pay scale of Rs.3700-5000. The maximum of the pay scale of Projert Manager is less than the minimum of the pay scale of General Manager (Operations). He has also stated that he has not been absorbed in equivalent post although similarly situated persons namely Shri D.P. Khandelwal and Shri. S.K. Patni have been absorbed on higher posts after then-repatriation from RSTDC to RSMDC. Shri Khandelwal was working as Deputy Manager (finance) in RSMDC. He was posted as Manager (finance) in RSTDC. When he was brought back to RSMDC in the year 1988, he was posted as Manager (finance) on officiating basis, although there was no such post in the service of RSMDC at that time. Shri S.K. Patni was working as Manager (P & C) in RSMDC. He was transferred in the same capacity to RSTDC. Later on he was redesignated as Senior Manager (P & D) in the service of RSTDC in a higher pay scale. He was brought back in RSMDC in the year 1991, and has been posted as Senior Manager (P & D) in officiating capacity in RSMDC, although there was no post of Senior Manager (P & D). Thus, other persons who were sent to RSTDC and who were promoted in the service of RSTDC, have been given the benefit of promotions on then-posting in RSMDC. The petitioner has challenged the action of the Respondent Corporation on the ground of arbitrariness, violation of the principles of natural justice and malafide.
(3.) In reply to the writ petition the Respondent Corporation has stated that the petitioner was selected and appointed as Senior Mining Engineer in the service of the Corporation in the pay scale of 1300-1800. Condition No. 5 of the order of appointment dated 10.3.76 contemplates that the petitioner could be transferred at any time temporarily or permanently to any of the offices of the Corporation including that of its subsidiary and associate corporations. On formation of RSMDC he submitted an option for remaining in the service of RSMDC. Facts relating to termination of his service, order of High Court and his reinstatement in pursuance of High Court's order have not been disputed. It has then been stated that his services were placed at the disposal of RSTDC and the petitioner was posted without any protest or objection. His hen in the service of RSMDC was maintained. RSMDC and RSTDC are two different corporations incorporated under the Companies Act, 1956. The Board of Directors of the two Companies are different. Therefore, the two corporations are separate entities. The factum of appointment of the petitioner as General Manager (Operations) in the service of RSMDC was a exclusive concern of RSTDC and RSMDC was in no way involved in that appointment. It was the exclusive domaine of RSTDC as to how the services of the petitioner could be utilized. While admitting that the assets of RSTDC were transferred to Hindustan Zinc Limited, it has been denied that the petitioner was verbally asked by the Chairman and Managing Director to return back to the service of RSMDC. In fact no job was left for the petitioner in RSTDC and, therefore, order dated 11.6.91 was issued asking him to report for duty in RSMDC. Prior to his posting in RSTDC, petitioner was holding the post of Senior Mining Engineer and, therefore, he was correctly shown as Senior Mining Engineer in the order dated 11.6.91.;