AMARESHWAR SAHAY, J. - (1.) THE prayer of the petitioner in this writ application is for direction to the respondents to pay the arrears of salary from 12.8.1985 to 6.12.1992 for the post of Junior Electrical Engineer and the benefits of selection grade and to maintain seniority.
(2.) THE facts as stated by the petitioner are that on 12.8.1985 the petitioner was appointed as Operator and was posted in Patratu Thermal Power Station. It is further stated that in view of the judgment passed in C.W.J.C. 720 of 1986 on 16,12.1991 by the Patna High Court and confirmed by the Supreme Court, by notification dated 28.12.1992, the petitioner was treated to be appointed to the post of Junior Electrical Engineer (GTO) Cadre in the scale of Rs. 1,800 -3.500.00 w.e.f. 12.8.1985 on notional basis. It is stated that since in the said notification dated 28.12.1992 nothing was mentioned with regard to the benefit of the wages or about the monetary benefit in lieu of difference between scale of operator and that of Junior Electrical Engineer, the petitioner represented before the respondent No. 4 demanding the monetary benefits for the difference of wages between the two posts. The aforesaid representation of the petitioner was disposed of and communicated to the petitioner by letter dated 26.8.1995 (Annexure 6) informing the petitioner that on consideration of fact it was decided that in between the period of 12.8.1985 to 6.12.1992 no monetary benefit would be given to the petitioner but he would be entitled the benefits of seniority, selection grade, promotion and pension for the said period.
(3.) CHALLENGING the said order as contained in Annexure 6 it has been submitted by the learned counsel for the petitioner that the petitioner Cannot be penalized the fault and latches on the part of the respondents. The petitioner was appointed to the post of operator in the year 1985, past lower in rank of Junior Electrical Engineer and therefore, respondents were not justified in denying the wage for the period in between 12.8.1985 to 6.12.1992 for the post of Junior Electrical Engineer;