D.T.C. Vs. KANWAR SINGH

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 26.07.2007 which had reversed the finding of the trial Judge dated 27.11.2004. Vide judgment and decree dated the suit filed by the Plaintiff Kanwar Singh seeking mandatory injunction and a declaration to the effect that the action of the Defendant in not granting promotion to the Plaintiff for the post of TTC w.e.f. the date when his promotion became due was illegal and arbitrary; he be granted promotion to the post of TTC from 18.08.1984 instead of 13.09.1984 had been dismissed. The impugned judgment had reversed this finding. The suit of the Plaintiff stood decreed.

(2.) THE Plaintiff was working as a trainee conductor with the DTC. He is a member of Scheduled caste (Chamar) category. He was due for promotion as TTC in August, 1984. 81 conductors were given promotion w.e.f. 18.08.1984 vide order dated 16.08.1984; out of 81 conductors, 24 conductors were junior to him; he was not considered for promotion vide order dated 16.08.1984 on the ground that he had failed to file his scheduled caste certificate. The Plaintiff has filed his original certificate later. At the time of his initial appointment, he had filed attested copy of his certificate. It is also no in dispute that he is a member of the scheduled caste. The Plaintiff made representations to the department but to no avail. The Plaintiff was granted promotion only w.e.f. 13.09.1984 whereas he was actually entitled for promotion w.e.f. 18.08.1984; suit was accordingly filed.

(3.) ON the pleadings of the parties, the following five issues were framed: