High CourtsSingle Bench(2006) 03 UK CK 0047

Bhawani Ballabh vs State of Uttaranchal and Managing Director Uttaranchal Sahkari Dairy Federation Ltd.

Uttarakhand High Court · Decided on 7 March 2006

HON’BLE JUDGES
Rajesh Tandon, J

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Judgment

9 paragraphs · 409 words

Rajesh Tandon, J.—Heard the learned Counsel for the parties.

2.

By the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondents to consider the petitioner for his appointment as Manager Grade IV.

3.

Briefly stated, according to the petitioner he was appointed as Management Trainee for six months as per order dated 14.12.2001 and he was attached to the Production Unit at District Dehradun. The petitioner has preferred an application on 21.3.2002 for the post of Manager Factory as said was going to became vacant on 31.3.2002. On 34.2002 the respondent No. 2 invited option from the officers working in the pay scale 8000-13500 for the adjustment on said post. The petitioner also applied and his application was duly recommended by the Chief Manager. After completion of six months training a performance report of the petitioner was asked on 20.5.2002 which was submitted on 25.6.2002 and it was recommended by the Factory Manager that keeping in view the competence and performance of the petitioner he is fully capable to work independently. The petitioner was further granted extension for six months vide order dated 5.8.2002 but the amount granted to the petitioner as training allowance was reduced to Rs. 3000/- per month from Rs. 3ooo/- per month. The training period of the petitioner was further extended on 13.2.2003.

4.

The grievance of the petitioner is that as per circular dated 3rd November 1993 the Management Trainee is entitled for the appointment as Manager Grade IV after completion of the training period of Management Trainee if he is otherwise suitable but the petitioner is being deprived from his legitimate claim.

5.

At the time of admission of writ petition, this Court has passed the following interim order on 30.9.2003:

In the mean time, the representation of the petitioner dated 16.8.2002 contained in annexure No. 6 to the writ petition, shall be decided. The petitioner shall be paid salary as he was being paid earlier at the time of his initial engagement and he shall be permitted to work and his services shall not be terminated.

6.

The writ petition is, therefore, decided in terms of interim order dated 30.9.2003. The respondents are directed to decide the representation of the petitioner-dated 16.8.2002 within three months after obtaining the certified copy of this order. In the meanwhile the petitioner shall be permitted to work.

7.

Accordingly, writ petition is disposed of.

8.

No order as to costs.