- (1.) The defendants have preferred this second appeal against the judgment and decree dated May 7, 1998, passed by Additional District Judge, Faridkot, dismissing the first appeal of the appellants, while upholding the judgment and decree passed by the Sub Judge, 2nd Class, Faridkot, dated September 27, 1993, decreeing the suit of the plaintiff- respondent No. 1 Suresh Kumar, for declaration that he is entitled to be considered for promotion as Clerk in the Department of Health and Family Welfare, w.e.f. September 30, 1985. Plaintiff-respondent No. 1 Suresh Kumar had filed a suit alleging that he had joined the service of the defendant- appellant as Class IV employee on July 15, 1977, and his services were regularized on February 2, 1978. Plaintiff has passed his matriculation examination in 1975-76. he was selected for promotion as Clerk in the year 1980 by Civil Surgeon, Faridkot, defendant No.3, but he was not promoted as he did not qualify in the Punjabi of matriculation standard. The plaintiff- respondent no. 1 qualified the Punjabi of matriculation standard in the year 1981. Defendant-appellant No. 2 vide circular dated September 21, 1984, called for applications of Class IV employees of his Department for promotion to the post of Clerk. Plaintiff-respondent No. 1 applied for the post of Clerk as he qualified the requirements laid down for the said post of Clerk. 14 Class IV employees of his Department, who were much junior to the plaintiff were promoted to the post of clerk on September 30, 1985, vide letter No. 51, ST- 5/8448 by defendant-appellant No. 2. The said clerks started working and drawing pay and allowances attached to the post of clerks since September 30, 1985. On representation of the plaintiff, defendants No. 4 to 15 (now respondent No. 2 to 13), who were junior to the plaintiff were ordered to be reverted. But they had filed a writ petition in the High Court and their reversion was stayed and order of status quo was passed. The plaintiff made a number of representations to the defendants for his promotion to the post of Clerk but to no effect, claiming his entitlement to be promoted to the post of Clerk. The plaintiff filed a suit after serving the notice under Section 80 of the Code of Civil Procedure to the defendants. The suit was contested by the appellants as well as the private respondents, taking the stand that 14 Class IV employees were promoted to the post of Clerks against 10% quota reserved for Class IV employees, who had passed Punjabi of Matriculation standard. All these promotees were reverted to the original post of Class IV but High Court granted status qua against the reversion and the orders were absolute by the High Court on April 25, 1988. On the basis of the pleadings, the lower Court had framed the following issues : "1. Whether the suit is bad for non joinder of necessary parties OPD 2. Whether the suit is not maintainable in the present form OPD 3. Whether the plaintiff is entitled to be promoted with effect from 30.9.85 and consequential benefits OPP 4. Relief."
(2.) On the appreciation of evidence including the service record Ex. P.12 to Ex. P.21 of the juniors to the plaintiff, it found that the promotion of the juniors to the plaintiff was illegal. Issue No. 1 was decided in favour of the plaintiff respondent No. 1, issue No. 2 was decided against the defendants and issue No. 3 was also decided in favour of the plaintiff. On the basis of the issue Nos. 1 to 3 a direction was issued to the defendant-appellants to consider the plaintiff's claim for promotion as Clerk in the Department of Health and Family Welfare w.e.f. September 30, 1985. The findings of the trial Court were upheld by the learned first Appellate Court. Aggrieved by the judgments and decrees of the Courts below, the defendants have filed this regular second appeal.
(3.) Counsel for the appellants Mr. Rakesh Verma, AAG, Punjab has vehemently urged that the plaintiff could not be promoted by the defendants- appellant No.1 on account of the stay granted to the private respondents. Admittedly, the private respondents are junior to respondent No. 1. The second appeal was admitted on April 28, 2003 and it was ordered to be heard along with Civil Writ Petition No. 9213 of 1987, Mewa Singh and others V/s. State of Punjab and others, which has been allowed by this Court vide order dated May, 12, 2006. The order qua the juniors of plaintiff-respondent No. 1, regarding their reversion has been set aside and they have held entitled to the post of Clerk.;