Raj Rajya Vidyut Utpadan Nigam vs Karam Singh

Mr. Hari Om Avasthi, Dy. Director (Karmik), Raj. Rajya Vidyut Utpadan Nigam Ltd., present in person.

Instant review petition has been filed at the instance of the employer Raj. Rajya Vidyut Utpadan Nigam Ltd. arising from the order dt. 29.01.2013 passed by the Division Bench of this Court.

The few salient facts which will be relevant for consideration of the instant review petition filed at the instance of the employer in pointing out distinction between the two connotations; regular pay-scale & regularization of service.

The Division Bench of this Court finally held that the incumbent who has completed two years continuous service as per the classification made could be considered by the screening committee constituted by the employer review petitioner herein for grant of regular pay-scale to such of the employee who has completed two years of service on 31.03.1983 and continuing in Board''s service thereafter and all the cases of individual workman for grant of regular pay-scale on completion of two years of service may be examined by the screening committee. As it reveals from the record that the screening committee considered for regularization of service and granted benefit of regularization of service to the individual in the instant case to the workman w.e.f. 01.04.1989 but the dispute came up for consideration when the question arose that the workman who has completed two years of service and is found to be suitable whether he is entitled for regular pay-scale from 01st April of the year in question and since no justification came forward as to why the same has been denied to him the individual workman and to the present workman in particular, the Division Bench finally observed that there appears reason in upholding the view expressed by the Tribunal in granting regular pay-scale w.e.f. 01.04.1983 to such of the workman who has completed two years of service as on 31.03.1983 but as regards regularization is concerned, appropriate posts, qualification, suitability are required to be looked into since on being regularized the employee becomes member of service & entitled for service benefits but as regards grant of regular pay-scale is concerned no other service benefits could be extended to him except the pay which became payable to the employee who is discharging similar duties on the envil of Article 39D of the Constitution of India.

After the matter was remitted back by the Apex Court, the Division Bench examined the grievance afresh and arrived to the conclusion that as regards the regular pay is concerned if the employee has completed two years of satisfactory service on 31.03.1983 that certainly makes him entitled for regular pay-scale but as regards regularization of service is concerned, as already noticed by this Court, after adjudging suitability and all other pre-eligibility conditions which one has to fulfill as contemplated under the scheme of Rules could be considered for regularization and in the instant case the workman was regularized w.e.f. 01.03.1989 and on being regularized the employee becomes member of service and that makes him entitled for all other service benefits to which the employee under the scheme of Rules is entitled for.

The present review petition has been filed with the grievance that after matter was remitted back by the Apex Court the date of regular pay-scale which was approved by the Division Bench is not legally justified in light of what is being expressed by the Apex Court as observed while disposing of Civil Appeal No. 254/2004 and 1042/2006 decided by common judgment dt. 24.11.2006. The Division Bench took note of the scheme which the employer introduced and referred to in para-9 of the order and considered for grant of regular pay-scale to such of the employees who have completed two years continuous service w.e.f. 01st April of the year in question and it was not the case of the review petitioner that the employee has not completed two or more years of continuous service as on 31.03.1983 and if he was found to be suitable at least for grant of regular pay-scale he became entitled from 01.04.1983 but the officer present in person contends that regular pay-scale & regularization both are inter-related/dependent and once it has been approved granting him benefit of regularization of service w.e.f. 01.04.1989 the date anterior thereto for grant of regular pay-scale in the instant case as 01.04.1983 may not be held to be justified.

In our considered view, regularization of service & grant of regular pay-scale are two different facets of service jurisprudence and one becomes entitled for grant of regular pay-scale on completion of minimum qualifying service but that will not make him entitled to other service benefits but as regards regularization is concerned the employee becomes a member of service and that makes him entitled for all other service benefits contemplated under the scheme of Rules and protects the service conditions of the employee but as regards regular pay is concerned that may not protect his service conditions unless he becomes member of service and in our considered view what is being contended by the review petitioner before this Court, does not call for any interference to be examined after the Division Bench of this Court has finally made its observations and upheld the grant of regular pay-scale to the employee w.e.f. 01.04.1983.

Consequently, the review petition is wholly devoid of merit and accordingly dismissed.