K. Venkataswami, J. - (1.)This appeal by special leave is directed against the judgment of the Calcutta High Court dated 9-12-92 in FMAT No. 2295/91.
(2.)The appellants were the writ petitioners in Civil Order No. 7028 (W) of 1988. The circumstances, which made them to approach the High Court, are briefly given below:- Damodar Valley Corporation (for short "DVC") during its initial stage recruited holders of I.Sc. (B.Sc.)/School Final/Matric Certificate for entry level operatives, i.e., Assistant Operator. For the next level of operatives, i.e. Operators, the Assistant Operators were given promotion as Operators based on seniority, experience and result of departmental examination. Due to acute shortage of operatives for newly commissioned Power Plants, the Operators were recruited directly in electrical and mechanical discipline to meet the urgent requirements. Later on, the minimum qualification for the post of Assistant Operator (Electrical/Mechanical) was fixed as B.Sc. and during the period 1969-77, the diploma holders in Electrical/Mechanical Engineering were also recruited along with the B.Sc. candidates for the post of Assistant Operator.
(3.)It was brought to the knowledge of the DVC Management that in civil discipline the diploma holder engineers were being recruited at the level of Assistant Controller equivalent to the Junior Engineer and on that basis the diploma holders, who were recruited as Assistant Operators, were pressing their case to upgrade them directly to the rank of Assistant Controller or equivalent in line with Civil Engineering Cadres. The next stage of promotion for the Operators was to that of Assistant Controller. The Corporation Management, after going through the representations of the Diploma Holder Engineers, accepted their demand in principle and the Director of Personnel, DVC, by his letter dated 21-8-79 conveyed the decision of the DVC Management to the General Secretary, DVC Diploma Holders Engineers' Association. The decision so conveyed was to the effect that the diploma holders in engineering would be directly recruited at the level of Assistant Controller or equivalent thereto; that the Corporation would upgrade all the existing diploma holders in engineering serving as Assistant Operators/Operators to the level of Assistant Controller within three months and that no recruitment of fresh diploma holders will be made till all the existing diploma holders are so upgraded.