PADAM KUMAR Vs. MUNICIPAL COMMITTEE, NABHA AND ANOTHER

JUDGEMENT

(1.) The plaintiff-appellant (herein referred as, 'the plaintiff'), having made the statement before the executing court that the decree dated 11.3.1970 stood satisfied, had again filed the suit on 4.3.1980 for the same claim while adding that he was also entitled to recover Rs.10,080/- on account of arrears of salary which would have been enhanced if he had been promoted as Executive Officer. The suit was decreed but the said judgment was reversed in appeal.

(2.) Briefly stated, the facts of the case are that the plaintiff had filed the suit for declaration to the effect that he was entitled to act as Executive Officer, Nabha andalso entitled to recover a sum of Rs.10,800/-.

(3.) It was submitted that while posted as Octroi Moharriar, he was refused promotion though he was senior most employee and the man of integrity, therefore, he had to file a suit for declaration which was decreed on 11.3.1970 and the said decree attained finality in appeal. However, the said decree was not implemented. Had he been promoted then he would have arisen up to the post of Assistant Director or Addl. Director Local Self Government or at least Executive Officer of the Municipal Committee. Due to the non compliance of the earlier decree passed in his favour, he had to suffer a loss of Rs.300/- per month during the last three years by way of difference of pay which he was drawing and the one to which he was entitled being Inspector. The other grievance of the plaintiff is that the persons junior to him had then been promoted to the higher ranks.