JUDGMENT

Dr. B.S. CHAUHAN, J.

1. Leave granted.

2. This appeal has been preferred against the judgment and order dated 1.8.2008 passed by the High Court of Calcutta in FMA No.782 of 2007; MAT No.4487 of 2005; and CAN No.4852 of 2006 by which the Division Bench has allowed the appeal of the respondent against the judgment and order of the learned Single Judge dated 16.9.2005 passed in Writ Petition No.2539(W) of 2005 by which the learnedSingle Judge had rejected the claim of the respondent for parity in pay and issuance of direction to upgrade the post held by him.

3. Facts and circumstances giving rise to this appeal are that the appellant No.2 issued an advertisement in "The Statesman" newspaper dated 22.9.1993 inviting applications for the post of Speech Therapist/Audiologist at the Durgapur Steel Plant in S-6 grade in Medical and Health Services. The respondent applied in response to the said advertisement. An interview was held on 17.6.1996 and the respondent's name found place at serial no.4 in the merit list. As none of the first three candidates joined, the appointment was offered to the respondent vide letter dated 17.6.1996. The respondent joined the said post without any pr