Pseb vs Dharam Pal

Punjab-Haryana High Court

Pseb vs Dharam Pal on 3 May, 2024

                                  Neutral Citation No:=2024:PHHC:065886

                                                                        -1-
RSA-2181 of 1993 (O&M)



      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH


                                 RSA-2181 of 1993 (O&M)
                                 Date of deccision: 03.05.2024

Punjab State Electricity Board and another
                                                            ......Appellants

                   Versus


Dharam Pal
                                                            ......Respondent

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Argued by:: - Mr. Roshan Lal Sharma,, Advocate,
              for the appellant.

             None for the respondent.

NAMIT KUMAR, J.

1. This Regular Second Appeal is directed against the judgment and decree dated 15.12.1988, 15.12.1988 passed by the Court of learned Senior Sub Judge, Sangrur, whereby suit for declaration filed by the respondent--plaintiff plaintiff was decreed as well as against the judgment and decree dated 21.05.1993, 21.05.1993 passed by the Court of learned Additional District Judge, Sangrur, whereby appeal filed by the appellants appellants-

defendants was dismissed.

dismiss

2. Parties to the lis are being referred as per their status before the trial Court. Briefly stated, plaintiff filed a suit for declaration to the effect that he joined the service of the defendants as apprentice Lineman on 01.01.1970 and his service services were regularised as such in officiating capacity with effect from 01.01.1971 01.01.1971. Plaintiff 1 of 3 ::: Downloaded on - 11-05-2024 05:18:58 ::: Neutral Citation No:=2024:PHHC:065886 -2- RSA-2181 of 1993 (O&M) pleaded that vide order dated 12.07.1977, defendants promoted two persons, namely, Jaswant Singh and Ramesh Kumar to the post of Line Superintendent Grade II by ignoring ignoring the plaintiff and the plaintiff be declared to have been promoted as Line Superintendent Grade II now Junior Engineer Grade II from 12.07.1977 the date when his aforesaid juniors were promoted to the post of Line Superintendent Grade II. The suit was decreed by the trial Court vide judgment and decree dated 15.12.1988. Aggrieved against the judgment and decree of the trial Court, defendants preferred an appeal, which has been dismissed by the lower Appellate Court vide judgment and decr decree dated 21.05.1993.

Hence, the present Regular Second Appeal filed by the defendants.

3. Learned counsel for the appellants contended that judgments and decrees of both the Courts below are against the law and facts. He further contended that both the Courts below failed to appreciate that the suit of the plaintiff plaintiff-respondent was beyond limitation. He contended that judgments and decrees of the Courts below being perverse are liable to be set aside. The matter was admitted on 17.01.1994 and operation of the impugned judgment and decree was stayed.

stayed He further stated that the respondent has already retired from service and thereafter expired on 09.04.2019 09.04.2019, therefore, he does not press the present appeal, however sought liberty to get revived the same in case any execution application is preferred by LRs of the deceased-respondent.

respondent.

4. In view of the above, present appeal is dismissed as not pressed at this stage with aforesaid liberty.

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5. Pending application(s), if any, stand disposed of accordingly.

                                                 (NAMIT KUMAR)
03.05.2024                                          JUDGE
R.S.

               Whether speaking/reasoned         :      Yes/No

               Whether Reportable                :      Yes/No




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