CWP 5288/2K //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5288/2000 Jagdish N.Sharma Versus Rajasthan Rajya Vidyut Prasaran Nigam Date of Order ::: 17/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr. HOP Mathur, for petitioner Mr. Sogat Rai, for respondent Corporation Instant petition has been filed by workman who retired pendente petition somewhere in February, 2001 under bonafide belief that before his retirement, he would get his case considered for fixation in scale of Service Station Assistant (II) (“SSA-II”) w.e.f., 01/01/64, as observed by appellate committee constituted by respondent-erstwhile Board which decided his case way back on 11/08/72 (Ann.15). Petitioner initially joined service as Work-charged employee on 17/11/1962 and was promoted as Helper Gr.I vide order dt.14/09/64 and thereafter as SSA-II w.e.f., 01/03/68. His grievance was that he is entitled for promotion and fixation in the scale of SSA-II w.e.f., 01/01/1964. Respondent-erstwhile Board issued Circular dt.08/06/71 (Ex.3) on the basis of settlement for fixation/adjustment/ promotion of workers employed in Construction CWP 5288/2K //2// of EMT/Transmission Lines & Grid Sub-Stations, whereby such workmen being aggrieved by their fixation/adjustment/promotion were permitted to file their appeal before the appellate Committee which was called upon to dispose of within time bound frame-work referred to in widely circulated Circular dt.08/06/71. Present petitioner being aggrieved to the pay fixation, submitted appeal before the Committee constituted by respondent Board. After hearing the petitioner and taking note of material on record, the Committee disposed of appeal on 11/08/72 (Ann.15) with the direction to the Fixation Committee to re- examine his case and pass appropriate orders. Since petitioner was not served with any order/communication of the decision of appeal, he made certain representations and finally approached this Court by instant petition. Only grievance raised by Counsel is that once appeal stood decided by appellate committee in terms of Circular dt.08/06/71, erstwhile Board or its successor in office respondent Rajasthan Rajya Vidhyut Nigam Ltd (RVVNL), was under obligation to consider his case for fixation through Fixation Committee CWP 5288/2K //3// as observed by Appellate Committee but for one or the other reason, no order either way has been communicated; such an action on the part of respondent RVVNL is wholly arbitrary and violative of Art.14 of the Constitution of India. Respondents have filed reply to the writ petition raising basic objection, on which their Counsel has laid much stress, that instant petition has been filed after an inordinate delay; as such no relief can be granted. Counsel further submits that petitioner was not qualified to hold the post of SSA-II, for which he is seeking his pay fixation and the very agreement which is the basis, has been terminated way back in the year 1985; as such the order passed by appellate Committee lost its legal effect, as such, no mandamus can be issued. This Court has considered rival contentions of both the parties and with their assistance examined material brought on record. It is really strange that respondent- RVVNL being statutory body was under obligation to pass necessary orders in compliance of orders issued by appellate Committee constituted by it, but has raised CWP 5288/2K //4// objection of delay in filing writ petition; on the contrary, petitioner was under bonafide belief that he would get his grievance redressed with requisite relief, as directed by appellate committee, but has to approach this Court by way of instant petition. The delay in the facts of instant case, in no manner can be said to be fatal which deprives of his legal right being entitled for. As regards merits, petitioner was promoted as Helper Gr.I w.e.f., 01/09/64 and SSA-II from 01/04/68 and his grievance was only for fixation from a date earlier to that of his actual promotion in the cadre of SSA- II. Once appellate committee constituted by respondent-erstwhile Board was called upon to decide appeal of petitioner and after considering the record the appellate Committee directed the Authority to re-consider his case for fixation of pay – in pursuance whereof, respondents were under obligation to examine his case for fixation through fixation Committee as to whether in the facts as observed by appellate committee, petitioner was entitled for re-fixation in the cadre of SSA-II. Submissions of Counsel for respondent CWP 5288/2K //5// that the agreement itself stood terminated way back in 1985 and the petitioner was not qualified to hold the post of SSA-II, are without any merit for the reasons that the appellate Committee was constituted by respondent-erstwhile Board under its own Circular dt.08/06/71; to resolve the disputes and the petitioner was promoted as SSA-II w.e.f., 01/04/68. Consequently, writ petition is hereby allowed, alongwith stay petition. Respondents are directed to consider case of petitioner for fixation as observed by Appellate Committee vide order dt.11/08/72 (Ann.15) and after re-consideration, the decision be communicated to him within three months from today – against which in case feels aggrieved, he would be free to take recourse in accordance with law. (Ajay Rastogi), J. K.Khatri/p.5/5288CWP2K.doc