U B SINGH Vs. NORTH DELHI POWER LTD

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 05.09.2007 which had endorsed the findings of the trial Judge dated 16.02.2005 whereby the suit filed by the plaintiffs seeking mandatory injunction against the defendants with a direction that the defendant/ North Delhi Power Ltd. (NDPL) be deemed to appoint the plaintiffs as Assistant Accountants w.e.f. 18.11.1989 or in the alternative w.e.f. 15.02.1994 had been dismissed.

(2.) CONTENTION of the plaintiff is that he had filed suit No. 523/1988 which had been decreed in his favour on 19.05.1989. In the judgment of 19.05.1989, the trial Judge had noted that there were 171 posts of Assistant Accountants with the defendant; the same were vacant; decree dated 19.05.1989 had directed the defendant to make appointments to these 171 posts of Accountants within six months in accordance the Recruitment and Promotion Rules, 1978. The appeal filed by the department against this order has been dismissed on 02.12.1992. The judgment and decree dated 19.05.1989 had become final. The department however did not comply with the aforenoted directions. Execution petition was filed; examinations were thereafter held by the department on 26.12.1993. The plaintiffs had appeared in the aforenoted examinations; they were declared successful and were ranked at serial Nos. 131 & 126 respectively. They were appointed to the post of Assistant Accountant vide order dated 13.10.1997. CONTENTION in the present suit is that the decree dated 19.05.1989 which had become final had not been executed by the Department in true letter and spirit. The plaintiffs were deemed to be appointed as Assistant Accountants w.e.f. 18.11.1989 or latest by 15.02.1994 for which the present proceedings were filed.

(3.) ORAL and documentary evidence was led. The trial Judge was of the view that there was no question of deemed appointment as has been claimed by the plaintiffs; their result had been declared pursuant to the examination which had taken place in December, 1993; result had been declared only after the orders of the Supreme Court which orders were passed on 05.09.1997; the plaintiffs had been appointed as Assistant Accountant vide office order dated 13.10.1997.