LAWS(MPH)-2011-1-37

RAMESH CHANDRA SHARMA Vs. NAGARPALIK NIGAM GWALIOR

Decided On January 19, 2011
RAMESH CHANDRA SHARMA Appellant
V/S
NAGARPALIK NIGAM GWALIOR Respondents

JUDGEMENT

(1.) This second appeal under section 100 of the Code of Civil Procedure, 1908 preferred by appellant Rameshchandra Sharma is directed against the impugned judgment and decree dated 22.6.09 in Civil First Appeal 9A/09 affirming the judgment and decree dated 19.01.09 of the trial Court dismissing the suit filed by the appellant against the respondents for setting aside the appointment of respondents No. 2 and 3 as homeopathic doctors and to appoint him as homeopathic doctor on the basis of his seniority.

(2.) Heard on this appeal for final disposal at admission stage itself.

(3.) The appellant was appointed as LDC with respondent No. 1 and was confirmed on the said post on 29.6.71. Respondent No. 1 had promoted respondents No. 2 and 3 as homeopathic doctors in its health department on 19.6.81. Appellant, aggrieved by their promotion, had filed a civil suit being suit No. 91 A/08 for setting aside the promotion of respondents No. 2 and 3 and to appoint him in their place as homeopathic doctor w.e.f. 19.6.81 and grant him benefit of arrears of pay of the said post.