- (1.) C. M. No. 11917-C of 2011: For reasons mentioned in the application, which is accompanied by affidavit, delay of 11 days in re-filing the appeal is condoned. The application stands disposed of accordingly.
(2.) Main Appeal: Facts in this case are not in dispute. Plaintiff was promoted from the post of Peon to Clerk vide order dated 31.07.1998. However, the plaintiff has been denied annual increments since then because he did not pass requisite typing test. The plaintiff in the suit sought declaration that he is entitled to all the annual increments since the year 1998 onwards. He also sought mandatory injunction directing the defendants to pay the consequent arrears along with interest.
(3.) Defendants resisted the suit by pleading inter alia that the plaintiff having not passed the typing test is not entitled to annual increments in view of condition in the relevant service rules as well as in the promotion order. Various other pleas were also raised.;