THE DEPUTY MANAGER Vs. MELLINA MARY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the fair and final order passed in I.A.No.384 of 2016 in O.S.No.35 of 2016 dated 22.12.2016 on the file of the learned District Munsif, Coonoor, The Nilgiris, thereby dismissing the petition for rejection of plaint.

(2.) The petitioner is the second defendant and the respondent is the plaintiff. The respondent filed a suit for declaration to declare that the de-promotion order dated 29.04.2016 as null and void ab initio and not binding on the respondent. She also prayed for direction to direct the petitioner to withdraw the order of de-promotion dated 29.04.2016 and permit the respondent to report for work as Assistant Factory Officer. While pending the suit, the petitioner filed a petition for rejection of plaint and the same was dismissed and aggrieved by the same, the present Civil Revision Petition is filed.

(3.) The learned counsel for the petitioner submitted that the respondent was appointed as Supervisor in the year 2011 and she was governed by the Standing Orders for Estate Workmen. Thereafter, the respondent had been promoted as Assistant Factory Officer on 01.05.2015 and placed on probation for a period of 12 months with effect from 01.05.2015. The probation period ends on 30.04.2016 and she was governed by joint standing orders for the estate staff. An appointment on probation is always deemed to be made against an existing permanent vacancy and the period of probation is a period for testing the suitability of a candidate for that post in all respects. The services of the respondent as probationary Assistant Factory Officer was found to be unsatisfactory and as such, she was transferred as Assistant Field Officer with effect from 01.12.2015. However, at the end of the probationary period, the service of the petitioner was found not satisfactory and found to be unsuitable for promotion and as such, she was reverted back to her substantive post of Supervisor. As per proviso to clause 4 (b) of the prevailing Joint Standing Orders for Estate Staff, she was reverted back from the post of Assistant Field Officer to the substantive post of Supervisor with effect from 01.05.2016 by an order dated 29.04.2016.