( 1 ) THE present appeal is the outcome of judgment and decree passed by the learned single Judge of this Court on 5. 11. 2001 whereby the suit of the respondent (the plaintiff in the suit) was decreed with the directions to reinstate the plaintiff in the service ASC forthwith with consequential benefits like salary, wages and allowances etc. The respondent herein had joined army in the Ranks as a clerk in the clerical post (General Duty) in March 1991. He was promoted as 'naik' in the ranks and his name was also recommended for higher departmental promotion through Army Cadet College (in short ACC) to the post of potential service cadet. The respondent qualified the written examination and interview in between the year 1986-87 and was appointed as Service Cadet. He was sent for training to ACC Wing, Indian Military Academy (in short IMA), Dehradun, where he took training for three and a half years and on completion of the training, he was sent for further training to IMA in December 1990. On successful completion of training, he was appointed as Second Lieutenant in the regular Army and was commissioned by the President of India on 14. 12. 1991.

( 2 ) DURING his