RSA No.3925 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3925 of 2010 Date of Decision: 06.10.2010. Housing Board Haryana and others .....Appellants Versus Jaswant Singh ……Respondent Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr.Ashwani Talwar, Advocate for the appellants. L. N. MITTAL, J (ORAL) This is second appeal by defendants-Housing Board, Haryana and its functionaries. Suit was filed by respondent-plaintiff Jaswant Singh Yadav against defendants-appellants. The plaintiff-respondent was employee of the defendants-appellants. In the suit, he claimed benefit of military service rendered by him with effect from 10.06.1963 to 10.01.1968 during the national emergency. The plaintiff also claimed various other benefits including promotion etc. The defendants controverted the plaintiff's averments. However, it was pleaded that benefit of military service has already sanctioned to the plaintiff by the competent authority vide endorsement dated 27.09.1988. Defendants pleaded that without clearing departmental test, the plaintiff was not entitled to promotion. He was granted promotion after he passed the departmental test. Various other pleas were also raised. Learned Additional Civil Judge (Senior Division), Rewari RSA No.3925 of 2010 -2- vide judgment and decree dated 04.12.2008 dismissed the plaintiff's suit. However, first appeal preferred by plaintiff has been partly allowed by learned Additional District Judge, Rewari vide judgment and decree dated 31.05.2010 and, thereby suit of the plaintiff has been decreed to the extent that the plaintiff would be entitled to get seniority fixed after considering the service rendered during national emergency and the same will follow other consequential monetary benefits with interest at the rate of 8% per annum from the date of filing of suit till payment of the said benefits. Feeling aggrieved, defendants have preferred the instant second appeal. I have heard learned counsel for the appellants and perused the case file. Learned counsel for the appellants vehemently contended that the appellants have already granted benefit of military service to the plaintiff-respondent, but the plaintiff is claiming benefit of promotion from back date by filing execution petition to execute the decree of the lower appellate Court, although the plaintiff-respondent is not entitled to promotion from back date because he had not cleared the departmental test which was imperative for promotion. I have carefully considered the aforesaid contention. Lower appellate Court vide impugned judgment and decree has not granted any benefit of promotion to the plaintiff-respondent from back date. On the contrary, benefit of only military service for seniority has been granted along with consequential monetary benefits. Nowhere in the judgment and decree of the lower appellate Court, it has been mentioned that the plaintiff shall be entitled to promotion from back date. Consequently, the contention raised by counsel for the RSA No.3925 of 2010 -3- appellants is misconceived and untenable and does not arise from the judgment and decree of the lower appellate Court. On the other hand, the defendants do not dispute the right of the plaintiff to get benefit of military service for the purpose of seniority and consequential monetary benefits. Relief to this extent only has been granted by the lower appellate Court. There is, therefore, no merit in the instant second appeal. No question of law, much less substantial question of law, arises for determination in the instant second appeal. Accordingly the instant second appeal is dismissed in limine. 06.10.2010. ( L. N. MITTAL ) A. Kaundal JUDGE