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1994 Supreme(SC) 815

P.B.SAWANT, S.C.AGRAWAL
Ram Pukar Singh – Appellant
Versus
Heavy Engineering Corpn. LTD. , Ranchi – Respondent


Advocates:
Anil Chopra, ANU MOHIA, JANJIT KUMAR, M.P.Jha, SATISH CHANDRA AGRAWAL

JUDGMENT

The issue in the present appeal is narrowed down to whether the appellants are entitled to be promoted as Assistant Personnel Officers w.e.f. 1-1-1986 and whether on that account they are entitled to the arrears of salary in the promotional post from the said date.

2. At the relevant time, in the Personnel and Administration Division of the respondent-Corporation there existed the following relevant hierarchy of posts :

I. Asstt. Grade I/ Senior Steno

II. Office Superintendent/ Personnel Assistant (Supervisory)

III. Asstt. Personnel Officer/Private Secretary (Supervisory)

IV. Jr. Executive (Officer)/ Senior Supervisory (P.).

It appears that on 9th August, 1984 there was a strike of the employees and on 29th August, 1984, a settlement was entered into between the Union of employees and the management whereby the disputes were referred to one Dr. Binod Kumar for arbitration. Dr. Binod Kumar gave his report in July, 1985 in which one of the recommendations was that the two posts of the Supervisory cadre should be replaced by one such post. Another recommendation was that time-bound promotion should be given after every 7 years to the holders of the abovesaid posts, among others, wh













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