SUPREME COURT OF INDIA
M.H.Kania : M.M.Dutt
Rabindra Nath Das
Versus
Heavy Engineering Corpn.Limited, Ranchi
Case No. : 2318 of 1987
Date of Decision : 11/24/87
Quash the order - Salary attached to the post of Charge man – Court do not find any justification for the withdrawal of the order of promotion of the appellants to the post of Charge man on the ground that there was a change of policy of the respondent Heavy Engineering Corporation Ltd., after such promotion was granted to appellants that only those employees of Corporation who were in Grade D, on or were eligible for such promotion – Held, Accordingly, we quash order withdrawing the order of promotion appellants being order promotion of the appellants to the post of Charge man will stand with effect from the date of their taking charge of the said post - Appellants will be entitled to the arrears of salary attached to the post of Charge man - 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 Charge man in calculating the amount payable to the appellants on account of the arrears of salary, the respondents will be entitled to take into account any promotion that may have been granted to appellants in the mean time. The respondents will settle the arrears of salary payable to the appellants within two months from date - Appeal is allowed
(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 entitled to take into account any promotion that may have been granted to the appellants in the mean time. The respondents will settle the arrears of salary payable to the appellants within two months from date.
(4) THE appeal is allowed. The judgment and decree of the High court are set aside. There will be no order as to costs.
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