SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and U.C. Banerjee, JJ.

Civil Appeal No. 4122 of 2000 (Arising out of S.L.P.(C) No. 17146 of 1999). D/d. 21.7.2000

Virendra Kumar Singh - Appellant

Versus

State of U.P. - Respondents

Constitution of India, Article 136 - Promotion - Petitioner promoted to Group-I since 1979 - Claimed promotion w.e.f. 1972 - Civil Judge came to conclusion that appellant is entitled to promotion w.e.f. 1975 - Additional District Judge granted promotion w.e.f. 1972 - High Court set aside entire order saying that it has no jurisdiction to grant relief sought for - Held, that High Court was fully justified in order of Additional District Judge granting relief w.e.f. 1972 but relief granted by Civil Judge could not have been assailed by State before Additional District Judge - Impugned order of High Court modified - Direction given that appellant is entitled to be promoted to Group-I w.e.f. 1975 as decided by Civil Judge in executing decree.

[Paras 2 and 3]

ORDER

G.B. Pattanaik, J. - Leave granted.

2. This appeal is directed against the impugned judgment of the High Court of Allahabad. The dispute centers around the question as to from which date the appellant would be entitled to promotion to Group-I from Group-II. The appellant had already been promoted to Group-I since 1979, but he has been claiming that he is entitled to get promotion w.e.f. 1972. In execution before the learned Civil Judge, on interpreting the earlier orders, the Civil Judge came to the positive conclusion that the appellant is entitled to the promotion w.e.f. 1975, the date on which his juniors had been promoted. The appellant not being satisfied with the said order, approached the Additional District Judge. The State never assailed the order of the Civil Judge. Therefore, the conclusion and findings of the Civil Judge that the appellant is entitled to promotion to Class-I w.e.f. 1975, has become final and cannot be altered.

3. The Additional District Judge, however, accepted the contention of the appellant and granted him the relief w.e.f. 1972. When the matter was brought to the High Court at the behest of the State, the High Court has set aside the entire order saying that it has no jurisdiction to grant the relief sought for. The High Court may be fully justified in setting aside the order of the Additional District Judge granting relief w.e.f. 1972, but the relief that was granted to the appellant by the Civil Judge, i.e., the relief of promotion w.e.f. 1975, could not have been interfered with, the same not having been assailed by the State before the Additional District Judge. In this view of the matter, we modify the impugned order of the High Court and direct that the appellant is entitled to be promoted to Group-I w.e.f. 1975 as decided by the Civil Judge in executing the decree. The relief may be granted to the appellant within a period of six months from today.

4. This appeal stands disposed of.

Orders accordingly.