KAMAL KANT JOSHI Vs. HMT WATCHES LTD.
LAWS(UTN)-2013-1-18
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on January 04,2013

Kamal Kant Joshi Appellant
VERSUS
HMT Watches Ltd. and Anr. Respondents

JUDGEMENT

- (1.) Appellant was working as Junior Officer (Store) in Scale II. He was attached to the establishment of the employer situate at Ranibagh. By a letter dated 15th October, 2012, respondent employer held out to the appellant that he is promoted to the post of Accounts Officer in Scale III and the said promotion will be effective only when he joins the post of Accounts Officer available at the Branch Sales Office, situate at Lucknow. At about that time, six other people, who were also working at Ranibagh and were in Scale II, were given promotion to Scale III and were permitted also to work at Ranibagh. Appellant made a representation that he be permitted to remain at Ranibagh and be also accorded the promotion, as was offered by the letter dated 15th October, 2012. In the representation, it was made clear that the appellant is not inclined to serve outside Ranibagh. His representation was rejected holding out that a Scale III post, in which the appellant can be accommodated, is not available at Ranibagh, but the same is available at Lucknow. Against the rejection of the said representation, appellant approached this Court by filing a writ petition, where he wanted a direction that he be permitted to remain at Ranibagh and, at the same time, be permitted to have the benefit of Scale III. The writ petition has been rejected by the judgment and order under appeal. The fact remains that the letter dated 15th October, 2012, containing the offer of Scale III, was such that, only upon accepting the said offer by joining at Lucknow, appellant could make himself entitle to Scale III; otherwise, he would remain in Scale II at Ranibagh. Appellant wanted to remain at Ranibagh and also to enjoy the benefit of Scale III. Respondent employer has, in so many words, held out that the position of Scale III is not available at Ranibagh, where the appellant can be accommodated. The fact remains that the order dated 15th October, 2012 is not a transfer order as such. The same was, in fact, a promotion order, which would become effective only when the same is accepted in toto by the appellant. The learned Judge, who dealt with the writ petition, felt that the said order was a transfer order.
(2.) In the circumstances as above, we allow the appeal; set aside the judgment and order under appeal; and, at the same time, dispose of the appeal and the writ petition by making it clear that the appellant has already made it clear to the respondent employer that he cannot serve outside Ranibagh and, accordingly, is not willing to accept the promotion offer given to him by the letter dated 15th October, 2012. Consequentially, appellant will remain posted as Junior Officer (Store) and will be entitled to Scale II. It will not be construed that, by this order, we have directed permanent arrangement of the appellant at Ranibagh as Junior Officer (Store) entitled to Scale II.;


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