MUNICIPAL CORPORATION DURG Vs. SATISH KUMAR MISHRA
LAWS(CHH)-2005-8-8
HIGH COURT OF CHHATTISGARH
Decided on August 02,2005

Municipal Corporation Durg Appellant
VERSUS
Satish Kumar Mishra Respondents

JUDGEMENT

V.K.SHRIVASTAVA,J. - (1.) This Second appeal has been directed against the judgment and decree dated 18.01.1999, passed by the 3rd Additional District Judge, Durg in Civil Appeal No. 14A/96, setting aside the judgment and decree dated 14.02.1996 passed by the Civil Judge Class I Durg in case No. 50A/93.
(2.) Plaintiff was appointed as LDC in the establishment of Defendant on 19.11.1981 and since then he is in service. The Defendant regularized his services on 30.05.1984. Neither in the appointment letter dated 19.11.1981 nor in the regularization letter, dated 30.05.1984 any condition regarding qualifying typing examination was imposed. Despite that Defendant withheld annual increment and other service benefits of the Plaintiff. Therefore, Plaintiff on 21.08.93 filed a suit for declaration alleging the appointment order dated 19.11.1981 or 30.05.1984, no condition has been imposed against the Plaintiff to pass Hindi typing examination and in that garb of un-qualifying the typing examination, withholding his increment, seniority and other service benefits, is illegal.
(3.) Defendant denied the claim of Plaintiff on the ground that for the post of LDC, qualification required is Higher Secondary and Hindi typing, apart from that the suit filed by the Plaintiff is time barred.;


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