AMARESHWAR SAHAY, J. - (1.) HEARD the learned Counsel for the parties.
(2.) THE petitioner, who is presently working as Pump Khalasi in Hendigir Project of the Central Coalfields Limited, has filed this writ petition challenging the order contained in Annexure -5 to this writ application, passed by the General Manager (S) Sayal Area dated 30th October, 2001, whereby the representation of the petitioner for giving him pay protection has been rejected, and has prayed for direction to the respondents to give him the benefit of pay protection, or alternatively adjust him in the equivalent post of Loader. The facts, in short, are that the petitioner was initially appointed on 4.1.1967 as Loader. In the year 1988 due to compression fracture of both lumber vertebra spine, he was declared medically unfit for the work of Loader since he suffered from permanent disability. The petitioner was medically examined by the Medical Board constituted by the Central Coalfields Limited and the Medical Board observed that in view of the permanent nature of disability and having no hope for recovery a Sedentary job on permanent basis is approved and, thereafter, on the basis of the report of the Medical Board, the petitioner was adjusted against the post of Pump Khalasi since 1988.
(3.) THE petitioner made a representation to fix his pay not lesser than what he was drawing earlier. By issue of an office order dated 10.9.1990, contained in Annexure -1, the petitioner as well as 33 others was regularized as a General Mazdoor category -1.;