- (1.) The present application has been filed seeking condonation of 7 days delay in filing the appeal. It has been contended that after the judgment had been rendered by the lower Appellate Court, some time was taken for taking legal opinion and approval of the higher authorities. I am of the opinion that the applicants have made out sufficient cause for condoning the delay. Therefore, the application is allowed and the delay of 7 days in filing the appeal is condoned. R.S.A. No. 3030 of 2005
(2.) A reading of the judgments passed by the Courts below would show that father of the plaintiffs was granted deemed date of promotion as UDC on 26.12.1968 vide order dated 23.2.2000. His seniority position as UDC was assigned as 792. One Mohinder Singh thus became junior to the father of the plaintiff as he had joined as UDC on 17.1.1969 and was assigned seniority at serial No. 793. The legal heirs of Moti Lal Verma has thus filed the present suit claiming promotion with effect from the same date as Mohinder Singh a junior to their deceased father was promoted. The trial Court as also the lower Appellate Court after examining the matter have held that plaintiffs' father would be entitled to promotions as Commercial Assistant, Circle Assistant, Head Clerk and Circle Superintendent with effect from the dates from which persons junior to him were granted the said promotions with all consequential benefits.
(3.) In support of this appeal, learned counsel for the appellants has raised two submissions. The first argument is that during his life time Shri Moti Lal Verma never made a claim seeking promotion with effect from the date persons junior to him were promoted. It is conceded position that Shri Moti Lal Verma had unfortunately expired on 15.10.2000. This was less than eight months after the deemed date of promotion as a UDC was granted to him. It is only as a result of the said order that he was entitled to the relief as has now been sought for by his heirs and granted by the trial Court. The present suit was instituted in December, 2000 about 10 months after the passing of the orders granting him seniority as UDC. It is therefore apparent that the claim for the consequential benefits was made expeditiously and the very fact that Shri Moti Lal Verma never made the said claim in the last seven months of his life cannot be made a ground to deny the relief to the legal heirs and upset the findings recorded by the trial Court.;