Mohammad Rafiq, J. - (1.) This writ petition has been preferred by petitioner Shiv Charan Lal Jonwal challenging order dated 02.02.2007 (Annexure -14) passed by respondent Hindustan/Sambhar Salt Limited. By impugned order, respondent withdrew the benefit granted to petitioner of Central Government D.A. (CDA) vide order dated 13.09.1989, and instead he was given benefit of IDA pattern and accordingly revised his pay scale under the IDA pattern with effect from 01.01.2007.
(2.) Petitioner, vide order dated 4/5.12.1978, was appointed on the post of Inspector in the pay scale of Rs. 425 -700. The dearness allowance was granted to him at the Central Government rates. He successfully completed the probation period of two years. Thereafter vide order dated 17.01.1985, he was promoted to the post of Deputy Superintendent. On receiving the copy of order of promotion, petitioner assumed the charge of that post on 12.03.1985. His promotion was treated to have been made with effect from 14.12.1984. Vide order dated 06.05.1985, petitioner's pay was fixed in the pay scale of Rs. 550 -900. Even though, the petitioner completed the period of probation on promotional post from the date of promotion so made, however, vide order dated 21.02.1987, the term of probation was extended for a further period of six months with effect from 14.12.1986. Eventually vide order dated 26.10.1987, the petitioner was confirmed in that post on completion of extended period of probation. It was then the petitioner was given further promotion to the post of Superintendent in the pay scale of Rs. 700 -1300, on ad hoc basis for a period of six months or till regular arrangement is made. In the meantime, the vacancy so existing from the year 1987, was notified. The post of Superintendent is filled in by way of promotion or direct recruitment. It was in the meanwhile that the petitioner, being in service, also applied for said post, where it was required that forms were required to be submitted by 25.04.1988. The petitioner submitted his form as per the scheduled date. He was called for interview almost after lapse one -and -a -hal -year i.e. on 08.09.1989 vide office letter dated 29.08.1989. Though, the application forms for the post of Superintendent were submitted by all concerned by 25.04.1988, the respondent delayed the process and in the meantime, the petitioner continued on the said post on his promotion and his pay was also fixed in the pay scale of Superintendent vide order dated 03.03.1988. He continued to draw the benefit of dearness allowance at par with the Government of India employees, i.e. on his promotion to the post of Superintendent at the initial stage as well as on his extended period followed by regular appointment. Petitioner was however thereafter promoted/appointed on the post of Superintendent vide order dated 11.09.1989 (Annexure -8). In the said order dated 11.09.1989, it was mentioned that the said appointment by way of promotion was on probation for a period of two years and petitioner would be governed by the rules and regulations of the respondent.
(3.) Petitioner was working on the promoted post of Superintendent in the pay scale of Rs. 700 -40 -900 -EB -40 -1100 -50 -1300 with effect from the date he joins the duty. It was clearly mentioned in the order dated 11.09.1989 that petitioner will be on probation for a period of two years, which can be curtailed or extended at the discretion of the management, and that he would be governed by the rules and regulations of the respondent company as may be in force from time to time. The respondent vide order dated 12.02.1988 it was ordered that the promotion of the petitioner on the post of Superintendent is purely on ad hoc basis and such appointment will not bestow a claim for regular appointment and the ad hoc service rendered would not count for the purpose of seniority in that grade or for eligibility for promotion, confirmation etc. The petitioner submitted representation that since he was drawing pay and allowance from the date of appointment on the post of Superintendent i.e. from February, 1988 therefore his promotion should be treated from the date of joining on that post i.e. 13.02.1988. The respondent, by order dated 12.10.1989, provided that though the promotion would not be treated from 13.02.1988, the petitioner would be entitled for the period of salary and other benefits of the post of Superintendent from 13.02.1988 and accordingly the petitioner has been getting the benefit of the post of Superintendent with effect from February, 1988 i.e. the pay fixation, Central Government Dearness Allowance benefits and benefit of annual grade increments. Petitioner was thereafter extended the benefit of fixation in view of recommendation of 4th Pay Commission and therein also the length of service on the post of Superintendent was taken from the year 1988, as he was drawing increments taking the date of pay scale of the post of Superintendent with effect from February, 1988. The post of Superintendent was re -designated as the post of Manager and the petitioner crossed the probation period successfully and thereafter confirmed on that post, and that throughout the period, the petitioner was receiving the benefit of dearness allowance at par with the Central Government employees. The petitioner has submitted that those employees who could not be recruited on the post of Superintendent along -with him, were thereafter promoted on the post of Superintendent, even though they were much junior to him, and such employees are - Sarva Shri S.S. Chhatwal, M.K. Kotia, T.R. Meena, V.K. Gupta, R.R. Pingolia, M.L. Chejara, R.P. Mishra and S.H. Makandar.;