STATE OF PUNJAB Vs. OM PARKASH UPPAL, LIBRARIAN

JUDGEMENT

(1.) It is very unfortunate that 70% litigation in the Court is of the State and most of the litigation is generated by the State itself. Though Lok Adalats have been set up for early disposal of the cases, yet the matters in which the State is a party are lying pending there because it does not come forward for settlement. Only those matters are being settled in which either the State is not a party or the cases are relate to Insurance Company etc. The case in hand is also one of the examples, where the State has generated the litigation.

(2.) The brief facts of the case are that Om Parkash Uppal was appointed as shelt assistant vide order dated 9.6.1956. Subsequently, he was promoted as Junior Librarian in Sports College, Jalandhar, vide order dated 7.7.1967 passed by the Director, Public Instructions, Punjab, Chandigarh. However, the respondent was reversed from the post of Junior Librarian to Selt Assistant vide order dated 11.8.1971 by the Director, Public Instructions. Against the said order dated 11.8.1971, the respondent filed Civil Writ Petition No. 3172 of 1971 before this Court for setting aside his reversion order. The said writ petition came up for hearing on 9.1.1981, on which date, learned State Counsel made a statement that the respondent has been promoted as Junior Librarian. On the basis of that statement the writ petition was dismissed as infructuous. However, strange enough, despite the statement given by the State counsel, the reversion order dated 11.8.1971 passed against the respondent was not withdrawn, which compelled the respondent to file a suit for declaration to the effect that the State may be directed to withdraw the order dated 11.8.1971. The suit was contested by the defendant-State on various grounds. The learned trial Court, after appreciating the evidence on record and hearing learned Counsel for the parties, decreed the suit filed by the plaintiff vide judgment and decree dated 10.11.1987, treating him in service as Junior Librarian with effect from 30.8.1971 till 8.12.1974 with all consequential benefits including increments and promotion etc. as if order dated 11.8.1971 was never passed against him.

(3.) Dissatisfied with the judgment and decree dated 10.11.1987 defendant-State filed an appeal before the learned Additional District Judge, Patiala, which was also dismissed on 25.7.1989.