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PETITIONER: H.P. STATE CEMENT CORPN. LTD. & ORS.

       Vs.

RESPONDENT: B.K. TIWARI

DATE OF JUDGMENT:       11/12/1997

BENCH: D.P. WADHWA, A.P. MISHRA

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T D.P. Wadhwa, J.      Special Leave granted.      This appeal  is directed  against  the  judgment  dated April 4,  1977 of  Division  Bench  of  the  High  Court  of Judicature at  Allahabad allowing  the writ  petition of the respondent whereby  he was  held entitled to the benefits of the revised  pay scale  and designation  of the  post he was holding.      In  pursuance   to  an   advertisement  issued  by  the appellant the  respondent applied  for  a  post  of  Manager (Personnel) Grade  E4 by  letter dated  May 1, 1986. He was, however, offered  the post  of Deputy  Manager (P  & IR)  on terms and  conditions as  mentioned in  letter dated October 23, 1986 of the appellant. The respondent declined this post stating that he had applied for the post of Manager (P & IR) and could  not accept  the post of Deputy Manager (P & IR ). This was by letter dated November 5, 1986. In the meanwhile, there was  revision of  pay scales of the officers and staff of the appellant, which was communicated to the appellant by letter dated  November 12, 1986 of the State Government. The relevant part of the revision of pay scales is as under: <sls> "----------------------------------------------------------- SL. Designation  Pay Scales  Designation Pay Scales No.              (In Rs.)                 (In Rs.) ------------------------------------------------------------ 3. Dy. Manager\  1400-1800   Manager     1500-60- Sr. Dy. Manager              (works)     1800-100- Manager                                  2000 4. Manager /     1500-2000   Joint Sr.   1800-100-    Company                   Manager     2000-125- Secretary                    (Works)/    2-2250                              Company     2-2250                              Secretary -----------------------------------------------------------"      Then  comes   the  appointment  letter  issued  to  the respondent. This  letter is  in brief  and we merely produce the same as under: "Gram: UP CEMENT CHURK

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------------------------- The Uttar Pradesh State Cement Corporation Ltd. (AUP Govt. Undertaking) Registered Post (Seal) UNIT: CHURK CEMENT FACTORY. --------------------------- REGD. OFFICE CHURK 231206 Dept: Ref No. PS/HQ/R-10/1038  Dated: December 4, 1986 -----------------------------  -------------------------- To. Shri B.K. Tiwari, 120, Vindhweshni Nagar, Orderly Bazar, Varanasi Cantt., 221 002. Sub:     Offer  of  Appointment  for  the  Post  of  Manager (Personnel & IR) -------------------------------------------------- Dear Sir,             Please refer to your letter No. NIL of dated 5th November, 1986 on the above subject. After due consideration it has  been decided  to amend your appointment offer to the following extent. 1.       Your  designation  is  hereby  amended  as  Manager (Personnel & IR). 2.   Your basic  pay will  be Rs.  1,500/- per  month in the scale of pay of Rs. 1500-60-1800-100-2000. 3.   Your joining  time is  hereby extended   up  to    15th February, 1987. No further extension will be granted.      All other terms and conditions of our appointment offer No. PS/HQ/R-10/872  dated 23.10.1986 remain unaltered.      Yours faithfully                               Sd/- (N.M. Majumdar)                          Chairman and Managing Director"      The respondent  accepted the  offer given to him by the aforesaid appointment  letter and  accepted the  post of the Manager (P  & IR).  He joined this post on February 28, 1987 and on  April 24,  1987 represented to the appellant that he was entitled  to placement in the revised grade of Rs. 1800- 2250/- which according to him was applicable to Manager (P & IR) Head  Quarter. This representation was rejected and this led to  filing of the writ petition by the respondent in the High Court which was allowed as aforesaid.      We do  not think  there is much controversy involved in the present  case. The respondent said that at the time when he had  applied for  the post of Manager (E-4) it was in the pay scale of Rs. 1500-2000/- and what was offered to him was the post  of Deputy   Manager  in the pay scale of Rs. 1400- 1800/-. Thus,  according to  the  respondent,  when  he  was offered the  post of Manager, the pay scale had already been revised to  Rs.  1800-2250/-  to  which,  he  said,  he  was entitled  to.   We  don’t   think  this  contention  of  the respondent  can   be  accepted.   Letter  offering  him  the appointment of  Manager is  specific. This  letter, as noted above, was  written after  the revision  of pay  scales. Not only that,  the letter  mentioning the  designation  of  the respondent had also, in clear terms, mentioned the pay scale of the Manager which was being offered to him.      This letter  was accepted  by the  respondent with  the terms and  conditions therein. The respondent cannot read in the letter  more than what it says. Offer or appointment was given to the respondent after revision of the pay scales and the appellant  could not  possibly had  given  the  old  pay

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scales. We,  therefore, do  not accept the view taken by the High Court.      We, accordingly, set aside the impugned judgment of the High Court  and dismiss  the  writ  petition  filed  by  the respondent. The appeal is allowed with no order as to costs.