- (1.) The present second appeal under Section 100 of the Code of Civil Procedure has been filed by the appellant - defendant in a suit for declaration and injunction against the judgment and decree dated 08.02.2012 passed by the learned Additional District Judge, Barmer in Civil Appeal No.16/2009 "Ved Vyas Vs. State of Rajasthan & Ors." by which, the learned First Appellate Court has allowed the appeal of the plaintiff -appellant and directed reinstatement in service with a direction to the defendants -State to treat the plaintiff to be in service from the date of appointment i.e., 01.12.1988 and make payment of the back wages from the date of removal till the date of reinstatement, while partially modifying the judgment and decree dated 07.07.2009 passed by the learned Additional Civil Judge (Senior Division), Barmer in Civil Original Suit No.13/2008 "Ved Vyas Vs. State of Rajasthan & Ors." by which, the learned Trial Court has decreed the suit of the plaintiff and directed the defendants to reinstate the plaintiff into service and the defendants were directed to pay the salary and other allowances from the date of joining the duty by the plaintiff.
(2.) The present second appeal has been filed by the State of Rajasthan in this Court on 16.04.2013. The present second appeal is reported to be barred by limitation by 343 days and the appellants -defendants have filed the application under Section 5 of the Limitation Act seeking condonation of such delay. In the interest of justice and for the reasons given in the application, the delay of 343 days in filing the present second appeal is condoned.
(3.) After hearing the learned counsels for the parties, the following substantial question of law is framed for consideration by this Court: - "Whether the learned First Appellate Court was justified in modifying the judgment and decree of the learned Trial Court and direct the present appellants -defendants to reinstate the plaintiff with payment of back wages from the retrospective date of 01.12.1988 along with other allowances when the other appointment orders were issued by the defendants - ;