( 1 ) THIS appeal has been preferred by the defendant State of Gujarat in Regular Civil Suit No. 10 of 1974 against the judgment and order dated 16th November, 1981 passed by the learned Joint District Judge, Junagadh in Regular Civil Appeal No. 107 of 1978 arising of the judgment and order dated 14th August, 1978 passed by the learned Civil Judge (SD), Junagadh in Regular Civil Suit No. 10 of 1974.

( 2 ) THE plaintiff at the relevant time was serving as an Aval Karkun (redesignated as Deputy Mamlatdar) in Junagadh District. It was contended that the plaintiff had entered the Revenue Service of the erstwhile State of Saurashtra on 24th February, 1956 and on reorganisation of States, he was absorbed in the service of the State of Bombay. On bifurcation of the State of Bombay in the year 1960, he was allocated to the State of Gujarat and continued in service as a Clerk in the Revenue Department of the State of Gujarat. In the year 1966, he was promoted as Aval Karkun but was reverted on 5th July, 1967. Time and again he was thus promoted as Aval Karkun and was reverted to the cadre of Clerk. Last he was promoted on 21st January, 1971. However, apprehending that he wou