SMT. KAVITA DEVI Vs. SUMER SINGH AND ORS.

JUDGEMENT

(1.) This order shall dispose of two Regular Second Appeals (one filed by Kavita Devi - hereinafter referred to as ''the defendant - appellant '', and the other filed by Haryana Co -operative Sugar Mill Ltd., Rohtak - hereinafter referred to ''the employer ''). Both the appeals are directed against the judgment and decree dated 6.9.2006 passed by the learned First Appellate Court. The learned Trial Court had (vide judgment and decree dated 16.12.2003) dismissed the suit filed by plaintiff -respondent Sumer Singh. In a judgment of reversal, learned First Appellate Court decreed the suit in favour of plaintiff respondent Sumer Singh. It was held that the plaintiff -respondent was entitled to be considered for promotion to the post given to appellant Kavita. The finding was that appellant Kavita had been wrongly absorbed in one of the posts as Cane Clerk Grade III. The learned First Appellate Court had directed the employer to rescind the promotion of Kavita as Cane Clerk Grade III and to promote one of the senior most persons to that post. It was further held that if respondent No. 2 so desired, they may create separate post of Hindi Typist Grade III but they cannot utilize it from the common pool. It was clarified that the plaintiff shall be entitled to be promoted prior to respondent No. 4 in higher grade i.e. Cane Clerk grade III.

(2.) Defendant Kavita and the employer have filed the Regular Second Appeals bearing Nos. 4234 of 2006 and 4255 of 2006 respectively.

(3.) Mr. PK Mutneja, learned Counsel appearing on behalf of defendant -appellant Kavita, argued that the promotion given to defendant -appellant Kavita by the employer could not have been invalidated on a plea preferred by the plaintiff -respondent in view of the fact that the former (defendant -appellant Kavita Devi) was duly qualified for promotion from the post of Daily Paid Hindi Typist to that of Hindi Typist (Seasonal) Clerical Grade against the vacant post of a Clerk. She was thereby promoted from the post of Clerk Grade -IV (Seasonal) to Cane Clerk Grade -III. He further argued that the Rules provide that promotions by the employer were to be governed on the basis of merit -cum -seniority and, thus, the averment made by less qualified plaintiff -respondent Sumer Singh on plea of seniority was meaningless. It was argued, in the context, that it was only defendant - appellant Kavita Devi who possessed the qualification required for appointment for promotion as Hindi Typist. Learned Counsel for the employer adopted the line of argument put forth by the learned Counsel for the defendant -appellant Kavita Devi.