Regular Second Appeal No. 275 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 275 of 2007 Date of Decision: May 13, 2008 Tara Singh .....APPELLANT VERSUS Punjab State and Others .....RESPONDENTS CORAM: HON'BLE MR JUSTICE T.P.S.MANN PRESENT: Mr H.S.Saggu, Advocate for the appellant. T.P.S .MANN, J. Though the suit filed by the appellant for declaration and mandatory injunction was decreed by learned trial Court, yet the same was dismissed, when learned first appellate Court accepted the appeal of the respondents. Aggrieved of the same, the plaintiff has filed the present second appeal under Section 100 of the Code of Civil Procedure. Plaintiff was aggrieved of the action of the respondents in not granting him ACP increments in time. Learned trial Court while decreeing the suit of the appellant apparently erred in holding that 50% of his annual confidential reports were good. A perusal of the brief chart prepared by the appellant and presented before the Court below revealed that his grading for the year 1998-99 was 'bad', what to talk of being 'satisfactory' or 'average'. Two years before that i.e for the year 1996-97, he had earned 'very bad' grading. The same was the position for the years 1988-89, 1992-93 and Regular Second Appeal No. 275 of 2007 -2- 1993-94. It is another fact that for the year 1988-89 his grading as 'bad' was later-on converted to 'satisfactory'. The position had been the same regarding the grading of the plaintiff as 'bad' for five years at a stretch i.e. from 1981-1985. Instead of, having 'good' grading, the plaintiff had been consistently getting 'bad' grading. Surprisingly, he continue to remain in service till he finally superannuated. Under these circumstances, learned lower appellate Court was justified in reversing the findings arrived at by learned trial Court and in dismissing the suit of the plaintiff. The findings arrived at by learned lower appellate Court are based on proper appreciation of evidence available on the record. No case is made out for any interference in the same. None of the substantial questions of law, as claimed by the plaintiff, arise for determination. The appeal is, consequently, dismissed. (T.P.S.MANN) May 13, 2008. JUDGE Pds