SMT. SAROJ TIWARI Vs. MAN DAHIMA AND OTHERS

JUDGEMENT

(1.) Original petitioner having expired, the petition is being prosecuted by his widow.

(2.) Petitioner takes exception to order dated 11.5.1999 whereby in furtherance to the resolution dated 18.3.1999 passed by the Board of Director, order dated 5.4.1984 passed by erstwhile Managing Director creating 2 posts of Deputy General Manager in Grade Rs.3000-4500 was cancelled and the petitioner who was working against one of these posts was directed to be repatriated to the substantive post of Manager.

(3.) Relevant facts giving rise to the controversy briefly are that, the petitioner was appointed initially as Salesman by order dated 21.12.1982. Promoted as Assistant Manager by order dated 20.1.1987 (later on re-designated as Manager). That, by order dated 1.6.1995 the petitioner was promoted as Deputy General Manager in pay scale of Rs.3000-4500. The promotion, as contended, was through Departmental promotion committee. It is contended that the promotion was duly approved by the Board of Directors in its 39th meeting held on 24.8.1995 (However, respondents 1 and 2 have raised cavil to the contention that the promotion was approved by the Board of Directors. It is contended that for the promotion, proposal was sent by the Managing Director on 17.5.1995 to be placed before the Board of Directors in its 39 th meeting on 24.8.1995. However, in absence of approval by the Board, the petitioner was promoted by order dated 1.6.1995 passed by the Managing Director stating in the order that the promotion is as per approval by the Chairperson. This aspect will be dwelt upon at an appropriate stage).