Law: Specific Relief Act, 1877

Section: 42,54

 Specific Relief Act (I of 1877)-------Ss. 42 & 54---Suit for declaration and permanent injunction---Plaintiff had challenged the public notice given by defendant No. 1 (Sui Southern Gas Company Limited) through defendant No. 2 for recruitment of professionals in senior management positions---Plaintiff (employee of defendant No.1) was not found fit for promotion---Validity---Merely because rules were non-statutory and relationship of defendant No.1 and plaintiff was that of master and servant, it did not mean that plaintiff and such other employees were remediless---If the service regulations were violated or the established policies were deviated from to deprive an employee, from his career progression, then the suit was maintainable, because S. 24-A of the General Clauses Act, 1897, was also applicable to Defendant No.1, and while framing the policies for the employees, they had to act fairly, justly and reasonably---Posts advertised required specialized qualifications---In order to run the organization in an efficient and viable manner, it was not necessary that a senior management position was always filled up internally through promotion, especially when the present positions were on contract and not regular posts---Defendant No.1 and any other organization, especially of public sector, could hire the services of well qualified and reputed professionals in order to operate efficiently---Secondly, an employee could be considered for such specialized posts, only if he had the requisite qualifications---Merely because he fulfilled the criteria of length of service or any other general criteria for promotion did not itself create a vested right in favour of plaintiff---Defendant No.1 was not bound to promote an employee to the next higher grade if that post required specialized qualifications---Present qualification of the plaintiff should have direct nexus with the posts advertised---Record showed that plaintiff had done B.E. Electronics, thus, obviously he could not be considered for the post of Senior General Manager-Information Technology, which in the present times, was one of the most important posts in any organization; rather, sine qua non for…

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