- (1.) This regular second appeal has been filed by the appellantplaintiff against the concurrent findings of both the Courts below, whereby the suit filed by him for granting promotion as Assistant Junior Specialist w.e.f. 1.9.1980, i.e. the date when his juniors Jit Ram and Sheru Ram were promoted, with further prayer that he be held entitled to all arrears and allowances from that date along with interest @12% per annum and all other consequential benefits, was dismissed.
(2.) The facts of the case, in brief, are that the plaintiff initially was appointed as Fitter on 3.5.1973, thereafter, as Chargeman on 31.1.1975 and then as Assistant Foreman on 30.3.1978. When Jit Ram and Sheru Ram, who were junior to the plaintiff were promoted as Assistant Junior Specialist on 1.9.1980, the plaintiff made a representation to the department to consider his case for promotion as Assistant Junior Specialist and when no decision was taken on his representation, he filed civil suit, which was later on withdrawn with permission to file fresh on the same cause of action.
(3.) The defendants filed a written statement alleging that the civil Court has no jurisdiction to entertain the suit and that the present suit was barred under Order 23, Rule 1 CPC as the earlier suit filed by the plaintiff was dismissed on 31.8.1989. It was further alleged that Jit Ram and Sheru Ram were not promoted in a routine manner rather they were promoted in terms of the orders passed by the Court.;