JUDGEMENT
R.L. Anand, J. -
(1.) The State of Punjab has filed the present revision which has been directed against the order dated 4th June, 2001 passed by the learned Civil Judge (Jr. Divn.), Ferozepur, who dismissed the objections of the State by making the following observation as contained in para No. 11 of the impugned order:
11. "In the light of above discussion, it is clear that the petitioner/decree holder in the light of order of the lower Court, learned District Judge and the Hon'ble High Court is entitled to all other service benefits, therefore, the deptt. is bound to give the promotion due to the petitioner from the date he is entitled to promotion alongwith all other benefits to him. His seniority should be fixed above that of the persons junior to him who had already been promoted namely Surinder Pal, Harbhajan Singh and Nirmal Singh. Accordingly, objection petition filed by the J.D.s is dismissed.
(2.) The brief facts of the case are that Sh. Om Parkash filed a Civil suit for declaration that he was entitled for consideration for appointment to the post of Senior Assistant and to be promoted as alleged on the basis of his being qualified the Assistant Grade Examination held on 2nd September, 1986 of which the result was declared and intimation sent to the plaintiff vide order dated 12th December, 1986. His suit was decreed by the learned Civil Judge (Jr. Divn.), Ferozepore and the following relief contained in para no. 16 of the judgment is reproduced as follows:
16. In view of my findings on all the issues above, the suit of the plaintiff is decreed with costs as prayed by him and further the defendants are directed to promote the plaintiff to the post of Senior Assistant as per my findings on issue No. 1, 2 and 3, alongwith all the benefits of service i.e. seniority, pay and other allowances prior to the date his juniors have been promoted, preferably within two months from today. Decree sheet be prepared. File be consigned to the record room."
(3.) In pursuance of this judgment dated 12th November, 1997 the decree -sheet was drawn by the trial Court. The State was not satisfied with the judgment and decree passed by the learned trial Court. Resultantly, it filed first appeal before the learned District Judge, Ferozepore, who in my opinion, allowed the appeal though in the fag end of the judgment he wrote that the appeal filed by the State stands dismissed.;
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