PRANAB KUMAR CHATTOPADHYAY, J.

(1) THIS appeal has been preferred at the instance of the appellant assailing the judgment of the learned Single Judge whereby and whereunder the said learned Single Judge dismissed the writ petition on merits. The appellant herein filed the writ petition challenging the decision of the respondent authorities regarding refusal to place the said appellant in the executive grade. The appellant/writ petitioner also alleged discriminatory treatment at the instance of the respondents due to non-observance of the principles of equal pay for equal work.

(2) THE relevant facts of this case are briefly narrated hereinafter: the appellant herein submitted application for the post of speech Therapist/audiologist in prescribed form and manner in response to the advertisement published on behalf of the Steel authority of India Limited, Durgapur Steel Plant. It is not in dispute that a panel of successful candidates was prepared by the concerned authority and the appellant herein secured fourth position in the said panel. It appears from the records that the first three empanelled candidates did not accept the appointment and, therefore, the appellant herein was offered appointment. Upon accepting the said offer, the appellant joined the post of Speech therapist/audiologist in S-6 Grade in Medical and Health Services under Steel Authority of India Limited in Durgapur Steel Plant.

(3) THE terms and conditions for appointment to the aforesaid post of Speech Therapist/audiologist have been specifically mentioned in the letter of appointment issued to the appellant herein. Some of the aforesaid terms and conditions are set out hereunder:

"1". (f)Your appointment will be under Steel authority of India Limited and you will be liable to serve under the Company anywhere in India. 3. (a)To perform all basic and special audio logical test i. e. Pure tone audio metry, Tympanametry etc. (b)To conduct regular speech therapy clinics independently for the deaf-mute and patients who need speech rehabilitation. (c)To help the deaf with audio logical rehabilitation programmes e. g. prescribing hearing aids etc. (d)To maintain the Audio logical instrument sand Calibrate them time to time. (e)To give pre and post-operative audio logical support to ENT Surgeons in cases of reconstructive surgery of the ear. (f)To look after the audio logical as well as speech Therapy Unit independently under the supervisions of the ENT Deptt. (g)To perform day to day administrative function of the Unit and will report to the In-Charge of ENT Deptt. as and when required. (h)To look after the Audiometric Section located at Occupational Health Services centre and routine audiometric examination for Medical Examination as and when required. "

(4) IT is the case of the appellant that only after joining the aforesaid post it came to his knowledge that the post of Speech therapist/audiologist in other units of the Steel Authority of India Limited has been categorised as Executive grade. It has been submitted on behalf of the appellant that in the aforesaid circumstances, on a number of occasions appellant herein met his superior officers at Durgapur and requested them to treat the post of Speech Therapist/audiologist as E-1 grade post like all other units of Steel Authority of India Limited. Since no favourable decision was taken pursuant to the aforesaid requests of the appellant, a written representation was submitted to the Executive director, Durgapur Steel Plant by the appellant herein for treating the said post of Speech Therapist/audiologist as E-1 grade post.

(5) ALTHOUGH the aforesaid representation was strongly recommended and duly forwarded by the Senior Deputy Director (Mandhs), Durgapur Main Hospital for favourable consideration, no effective favourable decision was taken thereafter. The appellant, therefore, made a further appeal and in response to that appeal director (Mandhs) by office Memo date