GRAMIN VIDYUT SAHKARI SAMSTHA Vs. DEVILAL

JUDGEMENT

(1.) BEING aggrieved with the order dated 5.5.2004 passed by Joint Registrar Cooperative Societies, Ujjain in appeal No. 78-23/2002-03, the appellants have preferred second appeal u/s 78 (2) of M.P. Cooperative Societies Act, 1960 (for short the Act).

(2.) RELEVANT facts are that respondent No. 1 was appointed by the appellant authorities on 6.6.1981 as Line-Helper in the organisation. Respondent No. 3 was appointed as Line Helper on 14.3.1984. The appellant authorities issued an order dated 18.8.1993 (Ex. P-3) inviting the objections in respect of the seniority as on 3.7.1993. In this list the name of respondent No. 1 was shown at Serial No. 2 whereas the name of respondent No. 3 was shown at Serial No. 65. The appellant authorities issued the promotion order on 9.9.1993 (Ex. P-4) wherein Line-Helpers were promoted to the category of Sahayak Lineman. In the aforesaid promotion order the seniority of respondent No. 1 was shown at serial No. 2 and the seniority of respondent No. 3 was shown at serial No. 62. Respondent No. 3 was promoted on the very next day as Karyalya Sahayak Shareni Tritya vide order dated 10.9.1993. The Gradation list of Karyalya Sahayak Shreni Tritya was published on 31.12.1998 (Ex. P-5) wherein the name of respondent No. 3 was shown at serial No. 22. The name of respondent No. 1 did not find place in the aforesaid gradation list dated 31.12.1998. The respondent No. 1 came to know through the gradation list dated 31.12.1998 (Ex. P-5) that respondent No. 3 much junior to him was promoted without considering his candidature. This fact came to the knowledge of respondent No. 1 on 17.3.1999. Respondent No. 1 made representation Ex. P-12 to the authorities on the very day. Respondent No. 1 filed a dispute u/s 55 (2) read with section 64 of the Act in the Court of Asstt. Registrar Cooperative Socities, Mandsaur claiming the relief of quashing the promotion order dated 10.9.1993 of respondent No. 3 and the gradation list published on 31.12.1998. In addition the respondent No. 1 also sought the relief for his promotion as Karyalya Sahayak Grade-Ill from 10.9.1993 and also prayed for the seniority in the aforesaid cader from the aforesaid date. Vide order dated 2.7.2002 Court of Assistant Registrar allowed the dispute of the respondent No. 1 and directed the appellant authorities to promote respondent No. 1 to the post of Karyalya Sahayak Grade-III from 10.9.1993 along with the consequential benefits. It was also further directed to include the name of respondent No. 1 in the gradation list of Karyalya Sahayak Grade III published on 31.12.1998. The appellant authority preferred appeal against the aforesaid order of Asstt. Registrar in the Court of Joint Registrar, Ujjain, who vide impugned order dated 5.5.2004 confirmed the order of the Court of Asstt. Registrar and directed the appellant authority to consider the promotion of respondent No. 1 within a month. In the event of there being no vacancy it was directed that respondent No. 3 be demoted and the respondent No. 1 be considered for promotion against the aforesaid vacant post. It was also directed that the respondent No. 1 shall be entitled for the pay and allowances from the date he joins on the promotional post. Being aggrieved with this order the appellants have preferred this second appeal.

(3.) THE counsel for the appellant has submitted as under :-