MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A suit was filed by the appellant Mohinder Singh praying for declaration that he was senior to Nand Lal, the 5th defendant herein, and thereby, he was entitled to be promoted as Head Regulation Zamadar since 1978. Plaintiff also sought for all consequential emoluments, benefits and other privileges attached to the promotion post. Trial Court held that the plaintiff was entitled to a decree for declaration as sought for by him.

(2.) The State preferred an appeal. First appellate Court having adverted to the question of limitation for seeking the relief of declaration, dismissed the suit on the ground that the plea for declaration was hopelessly barred by limitation.

(3.) The only substantial question of law that arises for determination is whether the denial of promotion would give rise to recurring cause of action.