1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. CIVIL WRIT PETITION NO.4351/94 Prashant Bhardwaj & Anr. vs. State & Ors. 2. S.B. CIVIL WRIT PETITION NO.5303/1994 Municipal Corporation, Kota vs. Municipal Employees Association, Kota & Anr. Date of order : 14/10/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rizwan Ahmed with Shri Sanjay Pareek for the petitioner. Shri Parag Rastogi for the respondent. ****** Heard learned counsel for the parties. These two writ petitions seeks to challenge the award dated 15.7.1993 passed by Industrial Tribunal, Kota. A reference was made to the Industrial Tribunal on the question whether the action of the Director, Local Bodies, Rajasthan and Administrator, Municipal Council, Kota in not granting the salary and other benefits of the post of Overseer Gr.I to Arjun Singh, Ram Narain Sharma, Chandan Singh, Rajendra Kumar Joshi and Kishanlal Khinchi, the Draftsmen working with Municipal Council, Kota, was legal and justified and if not, 2 what relief they are entitled to? The Industrial Tribunal answered the reference in the terms that the aforesaid five Draftsmen are entitled to be treated as Draftsmen from the date of their initial appointment and are also entitled to salary of that post and further promotions therefrom in accordance with the Rules. While the writ petition no.5303/1994 has been filed by Municipal Corporation, Kota questioning validity of the award and writ petition no.4351/94 has been filed by employees who were working as Junior Engineers with the Municipal Council, Kota. Learned counsel for the petitioners argued that when the appointment of the aforesaid five persons was made on the post of Draftsmen and they were all through discharging the duties of that post, the Industrial Tribunal was wholly unjustified in directing their appointments from the date of their initial appointment as Overseer Gr.I. It 3 was argued that the mere recommendation of the Municipal Council to the Government for upgrading the post held by them as Overseer could not be made basis to treat them Overseer Gr. I from the date of initial appointment. It is submitted that the Government on its own decided to abolish the post of Draftsmen by order dated 20.1.1989 / 4.2.1989 and treat those working thereagainst as Engineering Subordinate with effect from 13.4.1976. There was no basis for the Tribunal to direct them to be treated as Overseer Gr.I from the date of initial appointment. Learned counsel for the petitioner has rejoined and submitted that two of the aforesaid five persons namely Arjun Singh and Chandan Singh died even when the proceedings were pending before the Industrial Tribunal and one of them, namely; Ram Narain Sharma, also expired in 2001. The other two have also since retired. 4 I have given my anxious consideration to the arguments aforesaid and perused the impugned award. The perusal of the award indicates that the learned Industrial Tribunal has heavily relied on the letters of the recommendations sent by Commissioner of the Municipal Council, Kota and the admission made by its witness Brij Mohan Sharma in his cross examination before the Tribunal that such recommendation by the counsel in view of the facts that the respondents were discharging the duties of the Overseer Gr.I. Even if what is contended is accepted, and its recommendations ultimately been accepted by the Government also, the appointment of the respondents could not be deemed to have been made as Overseer Gr.I / Engineering Subordinate from the date they were initially appointed as Draftsmen. In any case, as would be seen from para 9 and 13 of the writ petition no.5303/04, when the posts of Draftsman 5 have been abolished and the incumbents working as Draftsmen, have been treated as Engineering Subordinate from 30.4.1976, the direction of the Tribunal to treat their appointment as Overseer Gr.I from the date of initial appointment cannot be upheld. In the result, these writ petitions are partly allowed and the impugned award is modified and it is directed that five Draftsmen referred to above shall be treated to have been appointed as Engineering Subordinate with effect from 30.4.1976. The direction of the government and stand taken by the Municipal Council in para 9 and 11 of the writ petition and accordingly the benefits be granted to the aforesaid five persons. (MOHAMMAD RAFIQ), J. RS/