PREM KISHAN Vs. HARYANA STATE AND ORS.

JUDGEMENT

(1.) THIS is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity, 'the Code') challenging concurrent findings recorded by both the Courts below holding that the plaintiff -appellant was not entitled to count the temporary period of service as Clerk rendered by him from 3.1.1968 to 19.4.1973 for the purposes of seniority. Both the Courts below have also recorded a finding of fact that the suit is time barred. Accordingly, the following two questions of law would arise for determination in the appeal:

(2.) WHETHER the plaintiff -appellant is entitled to reckon the period of his temporary service from 3.1.1968 to 19.4.1973 as Clerk for the purposes of seniority?

(3.) FURTHER findings have come on record that the suit could have been filed within three years two months from the material date i.e. 5.2.1980 when the representation of the plaintiff -appellant directed against his placement in the seniority list was rejected. The suit having been filed on 12.8.1983, has been rightly found to be time barred. Therefore, there is no exception provided to interfere in the aforesaid findings, which are hereby affirmed. The question of law is decided against the plaintiff -appellant. Re: Question No. 2.