Dina Nath

                                                           Vs

                                 Himachal Pradesh Housing Board and Others

                                          Civil Appeal No. 1063 of 1980

                         (V. R. Krishna Iyer, R. S. Pathak, O. Chinnappa Reddy JJ)

                                                      07.05.1980

                                                        ORDER

KRISHNA IYER, J. ­

The Himachal Pradesh Housing Board had employed the appellant as Manager on a scale from Rs.
800 to Rs. 1600 and the salary at the time of his joining was fixed at Rs. 1150 having regard to his
qualifications. Later, the Board - respondent - felt that the post was too big and the salary was too
high and abolished the post altogether. They downgraded the post to that of Factory Manager on a
new lower scale of Rs. 400 - 1100. When the case came up on an earlier occasion we put it to the
appellant whether he was willing to accept the lower post on the lower scale of pay and he agreed to
accept it. Counsel for the respondent tells us now that because the appellant is a Chemical Engineer,
he is not suitable for the post. We are unable to agree. The Board, knowing his qualifications, had
appointed him in the higher post. What is more, it is represented by the counsel for the Board, that
even in the High Court the Board had offered to appoint the appellant in the downgraded post. We
are satisfied that the just course in the circumstances, if the Board is acting bona fide, is to appoint
the appellant to the lower post of Factor Manager. We direct the respondent to do so within one
month from today on a scale of Rs. 400 - 1100, but having regard to the circumstances of the case, it
is obvious that justice requires his appointment to be at the top point in the scale, that is, Rs. 1100
per mensem.

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