G. M. LODHA, J. - (1.) THIS appeal as well as the cross-objections are directed against the judgment of Additional District Judge No. 1, Jaipur City, Jaipur partly accepting the appeal of the defendants modifying the decree of the trial Court.
(2.) THE plaintiff is a teacher and he claimed that on July 17, 1953 he was entitled to draw his salary in grade of Rs. 70-125 and from July 12, 1963 he was entitled to second grade. The claim was based on the ground that his juniors Shri Ghisi Lal, Shri Udai Narain and Shri Nandlal who were less qualified and who were junior in-tenure of service also got the equal grade on July 17, 1953, but his case has not been considered on account of the mistake in the seniority list were he has been shown as junior. Both the lower Courts have come to the conclusion that it is correct that in the seniority list the mistake was committed and Shri Ghisi Lal, Shri Udai Narain and Shri Nand Lal were shown senior to the plaintiff. Both the lower Courts have held that this seniority list was corrected later on, but inspite of that he has not been promoted by correcting the mistake in the promotions. The trial Court passed a decree directing the defendant-appellants to treat the plaintiff as being entitled to promotion in trained intermediate grade of Rs. 70-125 from July 17, 1953 and then to be promoted to Grade II retrospectively from July 12, 1963.
(3.) THIS decree was modified by the first appellate Court holding that instead of promoting him the Court's direction should be limited to consideration for promotion. Both the State and claimant have come in this appeal. It is surprising and shocking that the State has filed appeal instead of considering the question of promotion as per direction of the first appellate Court. The plaintiff is ordinary Drawing Teacher in Darbar High School, Jaipur having been appointed on July 27, 1943 and is well qualified having passed Matriculate and Intermediate examinations. From 1953 till now he has not been granted promotion in the trained intermediate grade, whereas his juniors have been so promoted with effect from July 17, 1953. July 11, 1954 and November 16, 1955, inspite of his making several representations and having this prolonged litigation ;