Hon'ble JAIN, J.—Heard learned counsel for the parties.

2. Since a common question of law is involved in both second appeals, therefore, both appeals were heard together and they are being disposed off by this common Judgment.

3. Learned counsel for the respondent has raised an objection about maintainability of these second appeals, which are directed against impugned judgments passed by first appellate court, whereby first appeals of the appellants have been dismissed as barred by limitation. He submitted that in view of judgment of Hon'ble Apex Court delivered in the case of Ratansingh vs. Vijaysingh and Others, reported in AIR 2001 Supreme Court 279 = RLW 2001(3) SC 376 and Full Bench decision of Karnataka High Court in the case of The Commissioner, Hubli-Dharwad Municipal Corpn. vs. Shrishail & Others, reported in AIR 2004 Karnataka 75 Full Bench, both the second appeals are not maintainable and they are liable to be dismissed as such.

4. In S.B. Civil Second Appeal No. 472/2009, the plaintiff-respondent filed a suit for declaration to declare a penalty order passed against him in disciplinary proceedings, withholding his two annual grade increments with cumulative effect