G.P.Mani v. Andaman Nicobar Islands Integrated Development Corporation Limited (Aniidco) And Another

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/59/2020 G P Mani Vs.

Andaman Nicobar Islands Integrated Development Corporation Limited(ANIIDCO) and Another Mr Gopala Binnu Kumar .... for the petitioner Mr Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents April 02, 2024 [SR] Item No. 19 The petitioner seeks a direction upon the respondent no.1 to amend Schedule 4 of the Recruitment Rule for the post of Executive Chief by enhancing the scale of pay. The petitioner also seeks a direction upon the respondent no.1 to amend Schedule 10 of the Recruitment Rule for the post of Executive Chef by incorporating promotion as a mode of recruitment to the post of Executive Chef and to amend the Schedule 4 of the Recruitment Rule by enhancing the scale of pay.

Learned advocate appearing for the petitioner submits that the petitioner was appointed in 1991 and is presently holding the post of a Chef and working at Megapode Resort at Port Blair. He draws the attention of the Court to the Recruitment Rules for the post of Executive Chef in ANIIDCO Limited, Port Blair. He submits that, there is a post of Executive Chef for the respondent no.1. Therefore, the respondent no.

should make necessary amendments in the Recruitment policy so far as the Megapode Resort is concerned.

Learned advocate for the respondent no.1 submits that, Megapode Resort is a small resort with only 33 rooms. In resorts which are larger, the post of Executive Chef exists. Moreover, the petitioner received the benefits of Modified Assured Career Progression Scheme. The petitioner is holding the highest post at Megapode Resort.

Essentially, the petitioner is seeking a promotion to the post of Executive Chef. The post of Executive Chef does not exist so far as the Megapode Resort is concerned. The petitioner is posted at Megapode Resort and is the Chef there which is the highest post available in the cadre that he is working in. Moreover, the petitioner received benefits of the Modified Assured Career Progression Scheme.

The petitioner as an employee cannot compel the employer to create a post and seek a direction that the employer must promote him to such post on creation. Essentially, such is the prayer of the petitioner before the Court. In such circumstances, I find no merit in the present writ petition.

WPA/59/2020 is dismissed without any order as to costs. ( Debangsu Basak, J. )