KULWANT RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present regular second appeal for short "Second Appeal" under Sec. 100 of the Code of Civil Procedure, 1908, for short "CPC", has been filed by the plaintiff-appellant against the impugned judgment and decree dtd. 11/2/2005 passed by learned District Judge, Ambala, hereinafter referred as "1st Appellate Court" vide which the appeal filed by the defendants-respondents has been allowed and the judgment and decree dtd. 26/5/2003 passed by Ld. Civil Judge (Jr. Division), Ambala City hereinafter referred as "Trial Court" has been reversed.

(2.) The brief facts of the case are that the plaintiff-appellant filed a suit for declaration to the effect that he is entitled for regulation of his services on the post of "Fitter" from the date when his juniors have been regularized or in the alternative with effect from (w.e.f.) 12/10/1995. Further prayer was that the office order dtd. 12/10/1995 (Ex.P-1) passed by General Manager, Haryana Roadways Yamnua Nagar-defendant/respondent No.3 vide which his services have been regularized on the post of "Helper Motor Mechanic", are illegal, arbitrary, against the principles of natural justice and thus, null and void with further relief of all consequential benefits.

(3.) The suit was opposed by defendants-respondents and filed written statement raising preliminary objections inter alia to the effect that the plaintiff-appellant is estopped from challenging the order dtd. 12/10/1995 as he himself accepted the offer of appointment on regular basis on the post of Helper Motor Mechanic and thus, the suit is not maintainable. On merits, it has been submitted that plaintiff-appellant was appointed as a Fitter vide order dtd. 10/4/1981 w.e.f. 1/4/1981 to 30/4/1981 and not from 1/3/1981 and that too on daily wage basis.