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RADHA KRISHAN (KISHAN) KASHYAP versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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Radha Krishan (Kishan) Kashyap v. State of Haryana & Ors - RSA-3767-2003 [2006] RD-P&H 688 (9 February 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : R.S.A.No.3767 of 2003

Date of Decision : January 23, 2006.

Radha Krishan (Kishan) Kashyap .... Appellant Vs.

State of Haryana & others .... Respondents Coram : Hon'ble Mr.Justice Viney Mittal.

* * *

Present : Ms.Anju Arora, Advocate

for the appellant.

Mr.D.S.Nalwa, DAG, Haryana.

JUDGMENT :

The plaintiff having concurrently lost before the two courts below, has approached this court through the present appeal.

He filed a suit for declaration on August 26, 1997 claiming that he was entitled to proforma promotion during the period of his deputation i.e.

with effect from November 15, 1976 till July 09, 1991. The plaintiff retired on November 30, 1992. The learned trial court noticed that the plaintiff had already been granted proforma promotion as per rules. Consequently, his suit was dismissed. The matter was taken up in appeal. The learned first appellate court re-affirmed the findings recorded by the trial court. His appeal was also dismissed.

Besides the findings recorded by the two courts below, it is also apparent that the plaintiff retired from service on November 30, 1992 and the suit was filed on August 26, 1997, which is barred by limitation.

Nothing has been shown that the findings recorded by both the courts below suffer from any infirmity or are contrary to the record.

No question of law, much less any substantial question of law arises in the present appeal.

Dismissed.

January 23, 2006 ( VINEY MITTAL )

monika JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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