DISTRICT PANCHAYAT Vs. RAMABEN BONDALE

JUDGEMENT

(1.) PRESENT Second Appeal under section 100 of the Code of Civil Procedure has been preferred by the appellant ' original defendant No.1 ' District Panchayat, Junagadh to quash and set aside the impugned judgement and decree dtd.7/2/1991 passed by the learned 3rd Joint Civil Judge (S.D.), Junagadh in Regular Civil Suit No. 520 of 1988, by which the learned trial court decreed the suit preferred by the respondent No.1 herein ' original plaintiff and declared that the plaintiff is entitled to get promotion as Public Health Nurse (hereinafter referred to as 'the PHN' for short) on one of the posts out of two posts in Junagadh District Panchayat by replacement of unqualified ad-hoc appointee ' defendant No.3 and also ordered and directed to release the claim of the plaintiff as PHN from the date the plaintiff resumed the duties after return from the training. That the appellant ' original defendant No.1 has also challenged the impugned Judgement and Order dtd.9/7/1999 passed by the learned appellate court - District Judge, Junagadh in Regular Civil Appeal No. 86 of 1991 by which the learned appellate court has dismissed the said appeal preferred by the appellant No.1 and one another, by confirming the judgement and decree passed by the learned trial court decreeing the suit.

(2.) THAT the respondent No.1 herein original plaintiff instituted Regular Civil Suit No.520 of 1988 against the appellant and respondent Nos.2 and 3 original defendants in the court of learned Civil Judge (S.D.), Junagadh for declaration and permanent injunction to declare that the plaintiff is entitled to promotion on the post of Public Health Nurse contending inter-alia that at the relevant time she was the only eligible candidate for promotion on the post of PHN having requisite training and therefore, was entitled to promotion on the post of PHN. It was the case on behalf of the plaintiff that though she was the only eligible candidate for promotion to the post of PHN, unqualified person continued on the post of PHN defendant No.3 and therefore, it was requested to decree the suit.

(3.) BEING aggrieved by and dissatisfied with the judgement and decree passed by the learned 3rd Joint Civil Judge (S.D.), Junagadh in Regular Civil Suit No.520 of 1988 dtd.7/2/1991, the appellant original defendant No.3 jointly preferred Regular Civil Appeal No. 86 of 1991 and the learned Principal District Judge, Junagadh by his impugned Judgement and Order dtd.9/9/1999 has dismissed the appeal confirming the judgement and decree passed by the learned trial court. BEING aggrieved by and dissatisfied with the Judgement and Order passed by both the courts below, appellant original defendant No.1 District Panchayat, Junagadh has preferred the present Second Appeal under section 100 of the Code of Civil Procedure.