PARMANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) M .C. Jain, J., 1. This is an appeal against the judgment and decree dated March 24, 1971, passed by the Senior Civil Judge, Bkaner, whereby the decree passed by the Munsif, Bkaner, dated August 30, 1869, was set aside and modified.

(2.) THE plaintiff Parmanand was a Record Lifter in the grade of Rs. 40 -60 with effect form December 23, 1955, Previously he was working as a peon, but after passing suitability test he was promoted as Record Lifter He was confirmed on that post. From May 18, 1956 to January 1, 1961, he worked as Record Lifter in the Confidential Branch and thereafter up to February 20, 1964 he worked as Record lifter in the Record Section One post of Record Lifter in the Confidential Branch was upgraded in the scale of Rs. 55 -85 from retrospective effect. The plaintiff was given pay in this upgraded scale till January 1, 1961 There after the plaintiff was asked to app -tar in a suitability test for promotion in the upgraded post of Record Lifter in the scale of Rs. 55 -85 The plaintiff's case was that he was the senior most Record Lifter and he was also performing semi -clerical duties so he was entitled to be promoted in the scale of Rs. 55 -85 without holding any further u(sic)tability test. According to the plaintiff the upgraded post of the Record Liter was a non selection post, so the plaintiff was entitled to the benefits of the upgraded post The plaintiff claimed a sum of Rs. 1, 361.76p. on account of difference between the pay already drawn by him and the pay to which he was entitled for the period January 1, 1961 to February 30, 1964.

(3.) AN appeal was preferred by the Union of India against the judgment and decree of the learned Munsif. The learned first appellate court accepted the appeal and set aside and modified the decree in the manner that the plaintiff is entitled to be considered for promotion to the upgraded post of Record Lifter in the pay scale of Rs. 55 -85 without sitting in a general examination It was further directed that the officers of the Union of India should, therefore, reconsider the position and pass orders declaring the plaintiff suitable or unsuitable for promotion to the scale of Rs. 55 -85.