Gujarat High Court
General Manager vs Mahendra Nanjibhai Mardia on 16 April, 2025
NEUTRAL CITATION
C/SCA/24962/2006 JUDGMENT DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 24962 of 2006
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
NO
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GENERAL MANAGER
Versus
MAHENDRA NANJIBHAI MARDIA
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Appearance:
MR PREMAL R JOSHI(1327) for the Petitioner(s) No. 1
MR TR MISHRA(483) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 16/04/2025
ORAL JUDGMENT
1. This petition is filed under Articles 226 and 227 of the Constitution of India, challenging the award passed by the learned Industrial Tribunal, Rajkot in Reference (IT) No.84 of 1990 dated 17.04.2006, whereby the petitioner was directed to absorb the respondent as a Junior Assistant with effect from 11.12.1978 and to extend the benefits from the date of the Reference i.e. 16.02.1990, along with recurring interest at the rate of 6%. The Tribunal further directed the petitioner to grant service benefits in accordance with Establishment Circular No.446 dated 14.02.1985 and also awarded costs of Rs.1,000/-, to be recovered from the personal account of the responsible Executive Engineer.
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2. It is the case of the petitioner that the respondent was initially appointed as a Helper on 11.12.1974 and was subsequently promoted to the post of Meter Reader with effect from 15.04.1978. Thereafter, he was granted the pay scale of Junior Assistant from the year 1987 and was regularly appointed as a Junior Assistant on 22.06.1995. The dispute came to be raised before the learned Industrial Tribunal seeking the pay scale of a Junior Assistant from 11.12.1974, on the ground that though the respondent was appointed as a Helper, he was in fact discharging the duties of a Junior Assistant from 11.12.1974 to 15.04.1978. It was further contended that despite being qualified for the post of Junior Assistant, he was granted a lower promotion to the post of Meter Reader. The learned Tribunal, after considering the submissions made by the respective parties, allowed the Reference in favour of the respondent, relying on Circular No.446, and granted the pay scale of Junior Assistant with effect from 11.12.1978. However, the consequential benefits were directed to be paid from the date of Reference i.e., 16.02.1990, with 6% recurring interest, which is the subject matter of challenge before this Court.
3. Heard the learned advocate Mr.Joshi for the petitioner and the learned advocate Mr.Mishra for the respondent.
4. Learned advocate Mr. Joshi submits that the basis of the impugned order is Circular No.446, which is applicable to Page 2 of 7 Uploaded by M.M.MIRZA(HC01407) on Fri Apr 25 2025 Downloaded on : Sat May 03 07:51:13 IST 2025 NEUTRAL CITATION C/SCA/24962/2006 JUDGMENT DATED: 16/04/2025 undefined nominal muster roll employees. However, the present respondent was appointed as a regular employee and was thereafter promoted to the posts of Meter Reader and subsequently Junior Assistant. Therefore, the benefit of the said Circular was erroneously awarded by the learned Reference Court. Learned advocate Mr.Joshi further submits that the learned Reference Court has relied on the educational qualification of the respondent, i.e., S.S.C., and held that since the respondent had been working on the post of Junior Assistant from the date of his initial appointment on 11.12.1974, the pay scale of Junior Assistant ought to be granted from the said date. Learned advocate Mr.Joshi submits that the respondent was initially appointed as a Helper, and as per the established hierarchy, the post of Meter Reader is the next promotional stage after Helper. The respondent was promoted to the post of Meter Reader on 15.04.1978, and subsequently, the next promotional post is that of Junior Assistant. The pay scale for the said post was granted to the respondent in the year 1987, and upon availability of vacancy in the cadre, the respondent was regularly promoted to the post of Junior Assistant on 22.06.1995.
4.1. Learned advocate Mr. Joshi submits that the learned Reference Court has erroneously relied on decisions rendered in cases involving employees appointed on a nominal muster roll, and accordingly granted benefits to the respondent. It was held that the respondent, having completed 960 days on the nominal muster roll Page 3 of 7 Uploaded by M.M.MIRZA(HC01407) on Fri Apr 25 2025 Downloaded on : Sat May 03 07:51:13 IST 2025 NEUTRAL CITATION C/SCA/24962/2006 JUDGMENT DATED: 16/04/2025 undefined and being otherwise eligible for promotion, was deprived of the said benefit. Learned advocate Mr.Joshi submits that the respondent had accepted the post of Helper on 11.12.1974, and solely on the basis of his contention that he performed duties of a Junior Assistant, the benefit of the pay scale of Junior Assistant was granted from the date of his initial appointment, i.e., 11.12.1974.
4.2. Learned advocate Mr. Joshi submits that when the respondent was promoted to the post of Meter Reader on 15.04.1978, no objections were raised at that time. Similarly, no grievance was made even when the pay scale of Junior Assistant was granted in the year 1987. However, it was only after a lapse of three years from the date of receiving the said pay scale that the respondent raised a claim seeking the benefit of the Junior Assistant pay scale from the date of his initial appointment. Learned advocate Mr.Joshi submits that the learned Reference Court has also committed an error in holding that the petitioner was degraded by giving the promotion on the post of meter reader. Learned advocate Mr. Joshi submits that, in fact, the respondent was promoted to a higher grade, namely, the post of Meter Reader. However, by misinterpreting Circular No.446, the learned Reference Court proceeded with the Reference and granted the pay scale of Junior Assistant, and therefore, the same is required to be interfered with and the petition Page 4 of 7 Uploaded by M.M.MIRZA(HC01407) on Fri Apr 25 2025 Downloaded on : Sat May 03 07:51:13 IST 2025 NEUTRAL CITATION C/SCA/24962/2006 JUDGMENT DATED: 16/04/2025 undefined deserves to be allowed.
5. Per contra, learned advocate Mr. Mishra submits that, as per the muster roll, the respondent's signature appears under the cadre of Junior Clerk, which is also reflected in the reply filed by the respondent. It is further submitted by the learned advocate Mr. Mishra that the respondent successfully established during the course of the Reference proceedings that he had discharged duties on the post of Junior Assistant. Therefore, the learned Reference Court rightly awarded the Reference in favour of the respondent. Learned advocate Mr. Mishra further submits that the petitioner's witness, when cross- examined by the respondent-workman, gave evasive replies to all the questions, merely stating that he was unaware of the relevant facts. Hence, the learned Reference Court has rightly granted the benefit of the pay scale of Junior Assistant from the date of the respondent's entitlement.
5.1. Learned advocate Mr. Mishra submits that, after assigning cogent reasons, the learned Reference Court has rightly awarded the Reference in favour of the respondent. Therefore, no interference is warranted, and the petition deserves to be dismissed.
6. Having considered the arguments advanced by the learned advocates for the respective parties and the evidence forming part of the Reference placed before this Page 5 of 7 Uploaded by M.M.MIRZA(HC01407) on Fri Apr 25 2025 Downloaded on : Sat May 03 07:51:13 IST 2025 NEUTRAL CITATION C/SCA/24962/2006 JUDGMENT DATED: 16/04/2025 undefined Court along with the memo of petition, it emerges that the respondent was appointed to the post of Helper on 11.12.1974. The Office Order, which forms part of the petition memo dated 01.04.1978, refers the fact that the petitioner was promoted from the post of Helper to the post of Meter Reader from the date of his joining. The Office Order dated 15.04.1978 reveals that he was posted at City Rajkot as a Meter Reader after he was promoted. It is an undisputed fact that the said promotion order was accepted by the respondent up to 16.02.1990. It is also not disputed by the respondent that he was granted the pay scale of Junior Assistant in 1987 and was regularly promoted to the post of Junior Assistant on 22.06.1995. The bare contention that he had been working as a Junior Assistant from the date of his initial appointment, i.e., 11.12.1974, has been accepted for granting the pay scale from that date. However, when the respondent had accepted the appointment and promotion to the post of Meter Reader, and when the hierarchy clearly establishes that the post of Junior Assistant follows that of Meter Reader, the respondent cannot now claim the benefit of the pay scale of Junior Assistant from the date of his initial appointment.
7. One more glaring aspect observed by this Court in the impugned order referred to GSO 446, i.e., the Circular issued by the Gujarat Electricity Board in respect of Nominal Muster Roll employees. The Circular provides that upon completion of 240 days of continuous service in Page 6 of 7 Uploaded by M.M.MIRZA(HC01407) on Fri Apr 25 2025 Downloaded on : Sat May 03 07:51:13 IST 2025 NEUTRAL CITATION C/SCA/24962/2006 JUDGMENT DATED: 16/04/2025 undefined each of four or more years preceding 01.04.1983, such employees shall be deemed to have been made permanent on the regular establishment in the prescribed time scale according to the nature of work performed. Learned advocate Mr.Mishra is unable to dispute that the said Circular is not applicable in the case of the present respondent, as he was not appointed as a Nominal Muster Roll employee but was, in fact, a regular employee who was promoted upon becoming eligible. The learned Reference Court proceeded on the basis of this Circular, which, in the opinion of this Court, is erroneous. For this reason as well, the impugned order deserves to be set aside.
8. Since the respondent has already been granted the pay scale of Junior Assistant with effect from 1987 and was regularly promoted to the said post on 1995, no relief can be claimed by him for being granted the said pay scale from the date of his initial appointment as a Helper. In view of the foregoing discussion, the petition deserves to be allowed.
9. Resultantly,this petition is allowed. The award passed by the learned Industrial Tribunal, Rajkot in Reference (IT) No.84 of 1990 dated 17.04.2006 is hereby confirmed. Rule is made absolute accordingly.
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