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1987 Supreme(SC) 884

M.M.DUTT, M.H.KANIA
Rabindra Nath Das – Appellant
Versus
Heavy Engineering Corpn. LTD. , Ranchi – Respondent


(1) SPECIAL leave granted. Heard learned Counsel for both the parties.

(2) WE do not find any justification for the withdrawal of the order of promotion of the appellants to the post of Chargeman on the ground that there was a change of policy of the respondent Heavy Engineering Corporation Ltd., after such promotionwas granted to the appellants, that only those employees of theCorporation who were in Grade D, on or before 19/02/1965, wereeligible for such promotion. Accordingly, we quash the order No.162/73 dated 18/08/1973 withdrawing the order of promotion ofthe appellants being order No.151/77/A dated August 11, 1973. The promotion of the appellants to the post of Chargeman will stand with effect from the date of their taking charge of the said post.

(3) THE appellants will be entitled to the arrears of salary attached to the post of Chargeman. In other words, the appellants will be entitled to the difference of the salary attached to the posts they were holding at the time of their promotion and the salary attached to the post of Chargeman. in calculating the amount payable to the appellants on account of the arrears of salary, the respondents will be ent

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