Respected madam/ Sirs,
I need your guidance and information in support my case, which is pending at Hon. Bomaby High Court for final hearing.
I am submitting herewith summery of case as follow:-
I was confirmed in employment of Shift Engineer (Lower post ) after successful completion of probation, on 1st October 2002 in state Corporation of maharshtra government.
In December 2008 Corporation Issued advertisement in Indian Express inviting applications for post of Plant Engineer on contract basis for 5 years.
I had applied and selected for said post. I was issued an offer of employment on 20th July 2009 for post of Plant Engineer with following terms :-
Initial appointment for 2 years at salary of Rs. 35,520/-.
At the end of first year, review will be conducted and appt for 2nd Year will be continued.
At the end of 2nd Year, Full fledged review and subsequent continuance for 3 years.
Draft agreement was to be shown to me before appointment. Consent to be intimated to GAD.
I have accepted the offer and was accordingly given an appointment letter dated 24th July 2009 appointing him to post of Plant Engineer on contract basis.
(Note: Even the appointment letter said that a draft agreement would be shown to the Petitioner before appointment. However, none of that happened.)
Further Office Order dated 28th July 2009 was issued to me modifying certain terms and conditions of Appointment letter dated 24th July 2009 with following terms and conditions :-
1) Initially he is appointed for 2 years at the consolidated salary of Rs 35,520/-
2) At the end of said the period the management of the company will take the final decision to extend the period.( it is explained in the point no 3 and 4)
3) After the end of the 1st year(the review of his work and competency will taken and then period will be extended for 2ndyear.).
4) At the end of 2nd year the committee will review the work and competency of first 2 years and if it is satisfactory then his appointment will continue for further 3 years.
5) After completing the 5 years the regular scaleof Plant Engineer will be given to Mr.Pawar.
6) He has to make agreement with company for his appointment and draft of the same will be shown to him.
7) The weekly holiday will be Saturday and Sunday. Similarly he will be entitled for all leave ( sick ) as per rules of the corporation.
8)The both parties are free to terminate the contract wither by giving the one month notice or equal amount as damage. The company’s existing service rules and regulation, rules for discipline will be applicable to him and his service will be regulated accordingly. Similarly wherever service rules of the company are silent then govt rules will be made applicable there.
9) The company reserve its rights to transfer onsimilar post to the places wherever the company has offices.
10) All the perks and benefit applicable in the cadre of Manager ( eg. Peon allowance , telephone allowance and reimbursement of newspaper bill ) will be paid from 24.7.2009 to Plant Engineer.
It states that at the end of 5 years, Petitioner will be granted regular pay scale of Plant Engineer. This Office Order expressly refers to Appointment letter dated 24th July 2009.
At the end of first year as Plant Engineer, My performance was reviewed, found excellent and was continued for 2nd Year keeping in terms with the Office Order dated 28th July 2009.
I was given additional charge of Manager, GAD vide Office Order dated 24th January 2013.
In January 2013, I was given incasred consaolated salry of 6th pay with retrospective effect (from my joining 2009)
As the I was to receive regular pay scale after completion of 5 years in terms of clause 5 of the Office Order dated 28th July 2009, he addressed a letter dated 1st July 2014 to MD of Respondent No. 1 seeking regularization.
Impugned Office Order dated 11th August 2014 was issued to me whereby I was reverted to post of Shift Engineer with retrospective effect from 25th July 2014. Charge of Plant Engineer was given to General Manager (Production)
I have filed WP in Hon. HC in 2015 , which is admitted and is now for final hearing…
1. Plant Engineer is regular and direct recruitment post since formation of corporation.
2. It is post approved and sanctioned by Government of Maharashtra and as per corporations recruitment and promotion policy.
Requested for your valuable guidance please.