DATTATRI Vs. MYSORE PAPER MILLS LIMITED

JUDGEMENT

(1.) I .A.I is allowed. The Plaintiff is the Appellant, who seeks admission of the second appeal against the dismissal of his suit by both the Courts.

(2.) PROMOTION is not a matter of right and it is for the authorities to decide on the merits of each candidate and this Court cannot be converted into a Selecting Committee and to declare that the Plaintiff is the only eligible candidate, these factors have to be taken into consideration by the authorities, their qualification, their experience, their capacity, their previous record, their conduct etc. Therefore this Court cannot look into for declaration that the Plaintiff is the only eligible candidate, the 2nd part of the prayer is that the company is not entitled to advertise for the post of Turbo Operator to the Grade of C.T. 2, every employer is entitled to call for advertisement and notwithstanding the fact that candidates are available for filling the post. It is the inner satisfaction of the employer by calling advertisement and it is not necessary that, if he chooses a particular candidate to be given the post. Therefore these two prayers do not conform into civil rights. Only declaration of a civil right is contemplated within the meaning of the Specific Reliefs Act, in my opinion these two prayers do not constitute a civil right, that can be conferred upon the Plaintiff.

(3.) ANY promotion or service conditions are governed by the standing orders, but the learned Counsel for the Appellant has not been able to produce the standing orders before this Court to appreciate the above stand. If at all there is any grievance, the Appellant can make out such standing orders.