STATE OF PUNJAB Vs. PARSHOTAM DASS

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 2-11-1987 passed by the Additional District Judge, Patiala decreeing the suit of the plaintiff-respondent. The facts giving rise to the filing of the suit are that the plaintiff was recruited as Head Constable in April, 1948, in the erstwhile State of Patiala and on the formation of Pepsu State, he was absorbed therein. He was brought on the list 'D' on 26-5-1954 and he was promoted as Assistant Sub Inspector with effect from 1.6.1954. On merger of the Pepsu with Punjab State, he was reverted to the rank of Head Constable on 22-8-1957 by the Superintendent of Police, Bhatinda. The plaintiff challenged his reversion by way of filing a civil suit and the decision of the civil suit went in his favour right upto the High Court, as consequence of which his reversion was cancelled in the year 1964. The necessary implementation was done in the year 1966. It is further the case of the plaintiff that on his representation, the following orders were passed by the Deputy Inspector General of Police, Ferozepur Range, Ferozepur Cantonment, on 17-9-1974:-

(2.) The defendants while disputing the claim of the plaintiff asserted that the plaintiff passed the intermediate school course in the year 1964-65 and upper school course in 1975 and his name was brought on promotion list 'E' with effect from 1.10.1975. The passing of all the courses according to the defendants was necessary before the plaintiff could be promoted as Sub Inspector. According to the case of the defendants, all the persons junior to the plaintiff had passed the promotion courses earlier to him. The promotion courses were governed by the provisions in the Punjab Police Rules and Instructions issued by the Inspector General of Police, Punjab. On the pleas of the parties, the trial Court struck the following issues:-

(3.) Whether the suit is time barred ? OPD