STATE OF HARYANA Vs. JAI KISHAN

JUDGEMENT

(1.) The plaintiff-respondent brought Civil Suit No. 1028 of 24.8.1988 against the State of Haryana and others for a decree of declaration to the effect that he was senior to defendant No. 5 and that he be deemed to have been promoted as electrician w.e.f. 26.12.1985 with full back wages with interest at the rate of 12% p.a. The suit was contested on behalf of the defendants. A joint written statement was filed on behalf of the official defendants No. 1 to 4 whereas private defendant No. 5 filed his own written statement. It was denied that the plaintiff had become eligible for promotion. The contention raised on behalf of defendants was that defendant No. 5 had become eligible for promotion prior to the plaintiff. Defendant No. 5 also took the same he had become eligible for promotion after completion of four years of service when he had duly passed 'A' class wiremen certificate. Parties fought the litigation on following issues:

(2.) The learned first Appellate Court in its judgment dated 18.12.1991 has stated that in view of the statement of PW-5 read with the seniority list, the plaintiff- appellant was at serial No. 65, he having been appointed as Work Charge T/Mate on 15.2.1978 whereas defendant No. 5 was at serial No. 99, he having been appointed as Work-Charge T/Mate on 12.10.1979. As per letters Ex.P.3 (also D-1) dated 31.1.1975 from the Superintending Engineer, Electric Circle, PWD (B&R), Karnal/Ambala/Rohtak to the Executive Engineer, Gurgaon, the period of experience required for promotion of ITI qualified T/Mate to the post of Electrician was two years whereas for unqualified T/Mate, it was six years. Similarly, as per letters dated 30.4.1980, (Ex. P3 duplicate and D-2), it had been clarified that the period of experience required for promotion to the post of Electrician would be three years for matriculate T/Mate with 'A' Class wireman certificate. Since the plaintiff fell in the category of unqualified T/Mate, he would be eligible for promotion as Electrician after six years of service whereas defendant No. 5 who was a non-matric 'A' class Wireman certificate holder would be eligible for promotion after four years of service as T/Mate. The plaintiff, a matriculate T/Mate had joined on 15.2.1978 and after completing six years of service on 15.2.1984 would become eligible for promotion as electrician. On the other hand, Dharam Vir Singh, defendant No. 5, a non-matric T/Mate, who had joined on 12.10.1979 and held 'A' class wireman certificate would become eligible for promotion after completion of four years service on 12.10.1983. The vacancy for promotion as electrician fell vacant in 1985. Defendant No. 5 was promoted with effect from that date ignoring the claim of the plaintiff who was senior to him as per seniority list Ex.p.5 which could not be done. The learned First Appellate Court, therefore, reversed the findings of the Court below on issue Nos. 1 to 3, allowed the appeal and decreed the suit.

(3.) It is that judgment and decree dated 18.12.1991 of the first Appellate Court which has been appealed against by the defendant and which may requires examination of its sustainability.