CSA 291/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil 2nd Appeal No.291/2007 State & District Judge Jaipur City Versus Surajmal Sharma Date of Order ::: 30/01/08 Hon'ble Mr. Justice Ajay Rastogi Mr. SN Gupta, Dy.Govt.Adv., for appellants (defendants) Instant second appeal has been filed by defendants assailing judgment & decree dt. 10/01/07 whereby Addl. District Judge No.7, Jaipur City while dismissing their appeal {12/2006} affirmed judgment & decree dt.08/02/06 passed by Civil Judge (Jr.Dn), No.1, Jaipur City who decreed plaintiff's suit (154/05). Plaintiff (respondent) filed suit for declaration that being senior to Madan Singh & Kedar Narain Sharma in the cadre of Reader, who were promoted respectively as Munsarim & Sr.Munsarim, he too is entitled for promotion from the date those were promoted. It is pertinent to mention that on the date on which his alleged juniors Madan Singh & Kedar Narain Sharma were promoted as Munsarim & Sr.Munsarim, Rajasthan Subordinate Courts Ministerial Establishment Rules, 1958 were in CSA 291/07 //2// force and Rules of 1986 came into force from its publication making effective from 05/03/1986 and his juniors were promoted respectively from 04/03/86 as Munsarim and from 03/02/89 as Sr. Munsarim and amendment was made in Rule 14(vii-A) vide notification dt.08/12/99 from its publication on 18/02/2000, whereby promotion was to be made on the basis of merit. Both the courts below recorded concurrent finding that being senior to Madan Singh & Kedar Narain Sharma, plaintiff too deserves to be promoted from the date, those juniors were promoted and accordingly decreed the suit in his favour, which was upheld by appellate court, as well. Government Counsel for State submits that under Rules, 1986 promotion to the post of Munsarim and Sr. Munsarim was to be made on the basis of merit and that apart, the suit was barred by limitation having been filed belatedly; as such very decree passed by courts below in view of existing Rules is not legally sustainable. Suffice is to say that scheme of Rules, 1958 were in force at the relevant time and Rules of 1986 came into force from 05/03/86 and amendment U/r 14(viiA) was made effective from CSA 291/07 //3// 18/02/2000 and according to relevant Rules, no error has been committed by courts below. As regards limitation, both the courts below recorded finding that after juniors were promoted to the posts in question, plaintiff consistently made representations and when the same remained unanswered, he approached the Court by way of suit. The concurrent finding has been recorded by courts below are duly supported by due appreciation of facts and law based on material on record. No substantial questions of law arise in this second appeal, which may warrant interference. Consequently, the appeal fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.3/291CSA07.doc.