STATE OF HARYANA Vs. RATTAN LAL

JUDGEMENT

(1.) This order shall dispose of Regular Second Appeal No.1702 and 1163 of 1990 as both these appeals arise out of the judgment dated March 31, 1990 passed by Additional District Judge, Rohtak.

(2.) Rattan Lal Plaintiff, a mechanic in Haryana Roadways, challenged the order dated 16.4.1981 whereby Madan Lal respondent No.2, was promoted to the post of Head Mechanic thereby superseding him. As per facts of the case on record, Plaintiff was appointed as a Mechanic in Haryana Roadways, Rohtak Depot, on 16.5.1977 and was senior to Madan Lal, respondent No.2. He was made regular vide order dated 11.7.1979 w.e.f. 11.1.1978 and thereafter was transferred to the Govt. Central workshop at Rohtak. Madan Lal respondent joined as a Fitter in the Govt. Central Workshop w.e.f. 12.10.1965 and was promoted as a mechanic w.e.f. 30.9.1977. Since the plaintiff had been appointed as a Mechanic earlier to respondent No.2, the promotion of respondent No.2 as a Head Mechanic thereby ignoring his claim was stated to be wholly unjustified. Thus, with a view to get redressal of this grievance, the Plaintiff challenged the promotion order of respondent No.2.

(3.) Defendants put in appearance, filed written statement and controverted the various material averments made by the Plaintiff. It was specifically averred that the plaintiff was entitled to get his seniority amongst the mechanics of the Haryana Roadways whereas respondent No.2 was working in Car Section at Chandigarh with which the plaintiff has no link or concern. It was further pleaded that the plaintiff and defendant No.2 belonged to different cadres and different sectors.