- (1.) BY the Court. -Heard learned counsel for the parties.
(2.) THE petitioner has come before this Court for commanding upon the respondents to consider his case for placement as Senior Compounder in Technical and Supervisory Grate -'B' (SLU i.e. Service Linked Upgradation) as per Cadre Scheme of Para Medical Staff with effect from 1.1.1990 as he is holding the post of Senior Compounder in Technical and Supervisory Grade -C with effect from 1.1.1990. Petitioner had earlier come before this Court in C.W.J.C. No. 587 of 2000, which was disposed of on 2.8.2001 directing the respondents to consider the representation of the Petitioner and dispose it of in accordance with law within stipulated period. The petitioner is aggrieved by the order passed thereupon on 3.8.2002 (Annexure -10) whereby his representation has been rejected holding that he has not qualified for the post of Senior Pharmacist, Technical and Supervisory Gradc -'B' as he does not possess Diploma in Pharmacy apart from Matriculate Degree that he possesses. Learned counsel be the petitioner however, submits that in view of the Cadre Scheme of 1.8.1990, Annexure -VI -2 (At page -45 of the Annexurc -14 to the writ petition), the petitioner was already holding the Grade -'C' post of Compounder on the basis of the qualification of Matriculate with having passed Pharmacist Examination from recognized institute plus 2 years experience as in the year 1990. Learned counsel for the petitioner therefore, submits that the petitioner was to be granted the equivalent financial upgradation as Senior Compounder in the Scale of 810 -1586 in Grade -'B' for which he possessed the same qualification as was required. It is further submitted that as per Annexure -3 to the writ petition, the respondents have themselves granted the same Vide Office Order dated 11.10.1999 with effect from 1.1.1998; in that circumstances the order contained at Annexure -10 dated 3.8.2002, rejecting his representation as being not qualified for promotion as Senior Pharmacist in Technical and Supervisory Grade -'B' is meaningless and wholly misconceived. The petitioner has since retired on 30.6.2010, therefore, he is entitled to monetary benefit of the financial upgradation pursuant to Annexure -3.
(3.) THE respondents in their counter affidavit supporting the impugned order on the basis of Cadre Scheme of 1995 submit that petitioner did not possess required qualification of Diploma in Pharmacy for being promoted to the said Technical Grade -'B' as Senior Pharmacist on regular basis, but at the same time at para -18 in their affidavit, it has been categorically stated that the petitioner has been granted the next higher grade under the Service Linked Upgradation (S.L.U.) Scheme and he became eligible to receive the scale of Technical and Supervisory Grade -'W', although substantively holding the post of Technical and Supervisory, Grade -'C' without any change in designation and job description.;