UNION OF INDIA Vs. L M SHAIWAL

JUDGEMENT

(1.) Union of India has filed this appeal against the judgment of the Additional District Judge, Chandigarh dated 16.10.1982 dismissing its appeal against the judgment and decree of the Sub Judge Ist Class, Chandigarh dated 30.3.1981.

(2.) Respondent No. 1 had filed a suit for declaration to the effect that he was lawfully entitled to promotion as Senior Store Superintendent and that the action of Union of India in promoting respondent No. 2 on 3.12.1973 ignoring his legitimate right was illegal and arbitrary. This claim was based on the assertion that he was senior to respondent No. 2 and there was nothing adverse in his service record because of which respondent No. 2, who was junior to him, could have been promoted before him. Thus, he claimed that it be declared that he was entitled to the post of Senior Store Superintendent from the date his junior-respondent No. 2 had been promoted with all the consequential benefits. The suit was decreed by the Sub Judge 1st Class, Chandigarh, vide order dated 30.3.1981.

(3.) Union of India filed an appeal before the Additional District Judge, Chandigarh, against the judgment and decree of the Sub Judge which has been dismissed vide the impugned order dated 16.10.1982.