- (1.) For the reasons stated in the application, delay in filing the present appeal is condoned.
(2.) The plaintiff having concurrently lost before the two Courts below has approached this Court through the present Regular Second Appeal. The plaintiff filed a suit for declaration on April 17,1998 claiming that he was entitled to be promoted and considered for promotion to the post of Assistant Revenue Clerk (Head Revenue Clerk) with effect from October 4, 1966 and after the aforesaid deemed date of promotion, he was entitled to all consequential benefits.
(3.) The suit was contested by the defendants. The defendants maintained that the plaintiff was overage for consideration of promotion, since he was more than 35 years of age and could not be so considered under the rules applicable to him.;