R.K.MERATHIA, J. - (1.) PETITIONER has filed this writ petition for direction to promote him to Technical and Supervisory Grade A with retrospective effect from 1.2.1993 and to pay him salary for double designation post i.e. Fitter -cum -Operator instead of salary for the post of Fitter alone and other consequential benefits.
(2.) ADMITTEDLY , petitioner filed Title Suit No. 71 of 1995 in the Court of Munsif, Dhanbad for his promotion which he withdrew on 30.1.1996 after the management filed their written statement, without any observation of liberty. In my opinion, this writ petition, so far as the claim of promotion up to the date of withdrawal of the suit is concerned, is barred by res judicata. Moreover in the counter affidavit filed on 17.3.1999, the respondents said that petitioner was always considered for promotion in the meetings of departmental promotion committee but he was not granted promotion as he was not found fit. In 1996, petitioner was called by the departmental promotion committee for considering his case for promotion to Grade C post but he did not choose to appear. Mr. Mehta rightly submitted that petitioner cannot claim promotion to a particular post i.e. Grade A directly; and that petitioner can claim only consideration and he cannot claim promotion as a mater of right.
(3.) COUNSEL for the petitioner is not in a position to say whether the claim of double salary, was also involved in the Suit or not. Showing the Pay slip in which Fitter is mentioned, he submitted that petitioner is getting salary of only Fitter whereas he worked as Fitter -cum -Operator and therefore he is entitled to double salary. Such claim is wholly misconceived. Fitter -cum - Operator is the post and petitioner cannot claim salary of Fitter and Operator separately only because said post combines two designations. Petitioner could not show anything in support of such claim of double salary.;