ONGC LTD Vs. DEEPINDERA KUMAR GAUR

JUDGEMENT

(1.) BOTH these matters arise out of the judgment and order rendered by the Ld. Presiding Officer, Fast Track Court No. 8, Vadodara, on 6/9/2005 in Regular Civil Suit No. 49 of 2005. They are, therefore, heard together and are being disposed of by this common judgment.

(2.) SECOND Appeal No. 231/2005 came to be admitted on 20/10/2005 as the following substantial questions of law arose for determination by this Court :

(3.) SHORT facts leading to filing of both these matters before this Court are that the plaintiff is an employee of Oil and Natural Gas Corporation Ltd. [for short 'ONGC'] and on and about 4/12/2003 when he filed the aforementioned suit, he was working as Superintending Engineer [P] [E-4 Level Officer] in ONGC at its Vadodara centre. He was holding said post since 1/1/1996 and according to the plaintiff, he was eligible to the promotion to the post of C.E.[P.], E-5 level with effect from 1/1/1999. Despite the fact that Departmental Promotion Committee [for short 'DPC'] convened meetings on different dates and the plaintiff appeared before the DPC, yet he was not promoted and his juniors came to be promoted. It was further the case of the plaintiff that he was holding the requisite qualifications for the promotional post. It was his allegation that malafide tactics were adopted by the DPC as well as his employer in not promoting him. The defendant ONGC did not follow consistent promotional policy. It was alleged that the defendant ONGC issued an office order dated 17/4/2000 for transfer of the plaintiff. Subsequently, said transfer order was cancelled. The defendant ONGC declared the promotion list in February 2001 with effect from 1/1/1999 and subsequently, the promotion list was declared with effect from 1/1/2000 and 1/1/2001. The plaintiff filed his representation /appeal dated 23/6/2003 and sent reminder on 22/9/2003. Ultimately, the plaintiff filed the aforementioned Special Civil Suit No. 660/2003 seeking declaration that the defendant Corporation has not followed any consistent promotion policy and, therefore, the act of the defendant Corporation for not considering the name of the plaintiff in promotion list declared in February 2001, with effect from 1/1/1999 and subsequently with effect from 1/1/2000 and 1/1/2001 is illegal, malafide, against the principle of natural justice and law of equity. He further sought declaration that the name of the plaintiff should be included in the list of promotion declared in February 2001 with effect from 1/1/1999 and other consequential benefits. The aforementioned Special Civil Suit came to be tried and decided by Ld. Civil Judge [S.D.] Vadodara and ultimately, came to be decreed in toto by judgment and order dated 14/6/2005, whereby the defendants were directed to include the name of the plaintiff in promotion list declared in February 2001 and to promote the plaintiff with effect from 1/1/1999 with all benefits and consequential reliefs. 5.1. Feeling aggrieved and dissatisfied with the impugned judgment and decree rendered by the Civil Court, the original defendants challenged the same in the District Court, Vadodara, by preferring Regular Civil Appeal No. 49/2005. The said appeal was heard and decided by the Ld. Presiding Officer, F.T.C. no. 8, Vadodara, by judgment and order dated 6/9/2005, by passing the following order : Present appeal filed by the appellants [original defendants] against the respondent [original plaintiff] against the order and decree passed by the Civil Court in Special Civil Suit No. 660/2003 dated 14/6/2005 is hereby partly allowed. As far as findings of trial Court are concerned, they are upheld, but order is modified. Order directing the defendants to include the name of the plaintiff in promotion list declared in February 2000 and to promote the plaintiff w.e.f 1/1/1999 with all benefits and consequential reliefs is set aside. However, the defendant authority of ONGC is hereby directed to constitute one committee of three members to consider the case of the plaintiff. The defendant authority shall place all relevant records and proceedings of disputed 3 promotion lists before this committee and the committee shall decide the dispute on merits without influenced by any past decisions of DPC and order of this Court. The committee shall hear the respondent / plaintiff and shall consider his grievance. The finding of committee shall be binding to both the parties. The members of the committee would be other than those who were in selection committee and while selecting member, the respondent/plaintiff will be taken in confidence. The authority shall constitute such committee within 15 days of receipt of this order. The committee shall give its decision within one month from the date of its constitution. Meantime one post in category of E-5 and upper level shall be kept vacant. 5.2. The above order passed by the First Appellate Court has given rise to these two proceedings before this Court.