SUKH DEV SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS appeal is directed against the order and decree passed by learned District Judge, Jammu, on 28.10.1993 in civil file no. 7/appeal civil, whereby dismissal of the suit of the appellant (hereinafter referred to as the plaintiff) by the trial court, i.e. Sub Judge (C. J. M.) Jammu dated 7.11.1992, has been upheld.

(2.) IN order to fully understand the case brief facts which are not in controversy between the parties need to be noticed. Plaintiff claimed himself to be senior to one Shri T. N. Raina, respondent no.3 (since deceased). Claiming himself to be the senior, plaintiff prayed for his being appointed as such and thereafter asked for consequential relief in the shape of notional promotion and monetary benefits together with retiral benefits. Before filing the suit out of which this appeal has arisen, plaintiff had filed S. W. P. No.250/1986 which came to be dismissed by this Court, this dismissal was questioned by the plaintiff in LPA No. 14/1989 before this court itself, which was also dismissed. Again being dissatisfied with the dismissal of the LPA, matter was taken up before the Supreme Court by the appellant, however, the Special Leave Petition also met the same fate. -

(3.) IT appears that the plaintiff was in continuous correspondence with the department and by means of communication dated 9 -8 -1985, the representation of the plaintiff was turned down by the authorities, making it to be the date for filing the suit having given him cause of action in that behalf. After having issued notice under Section 80 Civil Procedure Code, the suit was filed by the plaintiff in the court below. The suit was tried exparte in absence of the defendants, however it was dismissed. The matter was taken up in appeal by the plaintiff, which also met the same fate, against which order the present second appeal has been filed.