- (1.) Challenge in this appeal is the judgment and decree dated 11.12.2010 passed by Sh. Kuldeep Singh Cheema, Additional District Judge (Adhoc), Fast Track Court, Gurdaspur, vide which the appeal preferred by the defendant-appellants against the judgment and decree dated 29.4.2005 passed by Sh. Ashok Kapoor, PCS, Civil Judge (Junior Division), Batala, was dismissed.
(2.) Briefly stated, Inderjit Forestor Aliwal Range, Gurdaspur Forest Division at Pathankot, filed a suit for declaration to the effect that he is senior to defendant No.4 Baldev Singh, Forestor Aliwal Range, Gurdaspur Forest Division, Pathankot and the seniority list showing defendant No. 4 as senior is wrong and claimed consequential benefits.
(3.) The case of the plaintiff as set forth in the plaint is that he joined the Forest Department as Forest Guard on 13.8.1966 and since then he is performing his duties honestly, efficiently and to satisfaction of his seniors. In the seniority list dated 1.4.1995, his name appears at Sr.No. 172, whereas name of defendant No.4 appeared at Sr. No. 423. Defendant No. 4 was confirmed vide order No. 67 dated 21.8.1998 w.e.f. 1.3.1973 and now plaintiff has been shown as junior to defendant No.4.;