Pseb vs Dharam Pal
2024 Latest Caselaw 9618 P&H

Punjab-Haryana High Court

Pseb vs Dharam Pal on 3 May, 2024

                                  Neutral Citation No:=2024:PHHC:065886

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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

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Neutral Citation No:=2024:PHHC:065886

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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Neutral Citation No:=2024:PHHC:065886

RSA-2181 of 1993 (O&M)

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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