A petitioner challenging the re-designation of his post from Assistant Manager to Junior Canteen Assistant in a power station. The Court held no notice under Section 9A was needed, found no victimisation, and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
WP No.24367 of 2001
A.Jawahar
... Petitioner
Vs
Prayer: Petition filed under Section 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records of the 2nd respondent Circular No.18/2000-ADMN IV in proceeding No.NPC/MAPS/3(24) 88Admn.IV/1121/929 dated 31.08.2000 insofar as to items No.3 and quash the same consequently direct the respondent to fix the pay scale of the petitioner to 6500-10500 pay scale applicable to Assistant Manager (P & IR) from 01.01.1996.
For Petitioner : Mr.S.T.Varadarajulu For Respondents : Mr.V.Vijayashankar Standing Counsel
ORDER
This Writ Petition has been filed seeking the following relief:-
“to call for the records of the 2nd respondent Circular No.18/2000-ADMN IV in proceeding No.NPC/MAPS/3(24) 88Admn.IV/1121/929 dated 31.08.2000 insofar as to items No.3 and quash the same consequently, direct the respondent to fix the pay scale of the petitioner to 6500-10500 pay scale applicable to Assistant Manager (P & IR) from 01.01.1996”.
“It is further relevant to submit that whether
two posts are equal and should carry the same pay, depends on several factors. It does not depend just on the nomenclature of the posts. Primarily, it requires among others, minimum qualification required for the post, evaluation of duties and responsibilities of the respective post by the competent authorities constituted for the purpose and cannot be determined by relying upon averments in the affidavit of the interested parties. In all fairness, it is to be determined by the expert bodies viz., Pay Commission and the Government, who would be the best judges to evaluate the nature of duty, responsibility and all other relevant factors for fixing a pay scale to a particular post. Moreover, the qualification required, norms for appointment/promotion of the post and the work responsibilities and functions carried out by Assistant Manager (Personner & Industrial Relations)/ (Finance & Accounts)/Guest Huse are not comparable with the post of Assistant Manager-cum-Store Keeper of MAPS Canteen.
(259)/HRS/C/P/2000/181 dated 04.04.2000 and implemented in all its units. However, the petitioner has not utilized the chance of appearing for the upgradation examinations during the last two occasions and only now filing a petition before the Court as if he has not been given any chance to further his career path.
In the result, the writ petition is dismissed as being devoid of merits. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
kmi
To
1. The Station Director,
Madras Atomic Power Station,
Kalpakkam, Kancheepuram District – 603 102.
2. Manager (P& IR),
Madras Atomic Power Station,
Kalpakkam, Kancheepuram District – 603 102.
+1cc to Mr.V. Vijay Shankar, Advocate, S.R.No.72258
+1cc to Mr.St. Varadarajulu, Advocate, S.R.No.72092
ca(CO)
md(11/01/2017)
WP No.24367 of 2001
3 issues framed by the court
Whether notice under Section 9A of the Industrial Disputes Act is required when a post is re-designated but salary remains the same.
Whether re-designation of multiple posts constitutes victimisation justifying judicial interference.
Whether an employee has a fundamental right to demand the same pay scale as other employees in different departments due to re-designation.
2 provisions across 2 enactments
A. Jawahar
The Station Director, Madras Atomic Power Station, Kalpakkam
Manager (P& IR), Madras Atomic Power Station, Kalpakkam
P.N. Prabhas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
