STATE OF HARYANA Vs. RAMESH KUMAR

JUDGEMENT

(1.) THIS revision petition by the State of Haryana and two others is directed against judgment and decree dated 18.1.2005 vide which their appeal against order dated 10.2.2004 passed by the lower court was dismissed, being time barred. Judgment and decree dated 10.2.2004 is also under challenge.

(2.) RAMESH Kumar plaintiff, respondent herein, had brought a suit for declaration averring that he was appointed a Gass Man through Haryana Subordinate Services Selection Board in August 1988 after following the due process of selection. He joined his duties on 9.8.1988 in the office of the defendants, petitioners herein. Promotion from the post of Gass Man is made to the post of Junior Lecture Assistant. Claiming that at the time of selection he was 9th standard pass but during the tenure of his employment with the defendants, petitioners herein, he had improved upon his educational qualifications and had become Matriculate and had also successfully completed his 15 years of unblemished service career whereas the requirement for the post was only 5 years of service.

(3.) WHEN on a suit filed by the plaintiff, notice was issued to the defendants, defendant No. 3 was proceeded against ex -parte on 26.7.2003, whereas defendant No. 4 was proceeded against ex -parte on 29.8.2003 on their failure to appear before the court. Vide order of 5.11.2003, defence of the contesting defendants was also struck off on their failure to file written statement within the prescribed period. Sequelly, the case was fixed for evidence of the plaintiff, respondent herein. He had produced oral as well documentary evidence. The plaintiff had made his statement on oath by way of an affidavit Ex.PW2/A and had produced documentary evidence in support of his claim.