R.L.Anand, J.

1. Vide this judgment I will dispose of two S.A.O. Nos. 33 and 34 of 1999, titled Ramesh Kumar v. M.D. University, Rohtak, as both these appeals have arisen from the order dated 9.4.1999, passed by the court of Additional District Judge, Rohtak, which allowed the appeals of the parties to the suit and set aside the impugned judgment and decree dated 30.3.1998, passed by the trial Court and remanded the case to the trial Court at the stage when it was before it. Directions were also given to the Additional District Judge, Rohtak to the trial Court to conclude the trial and decide the suit on merits.

2. Some facts can be noticed in the following manner. Shri Ramesh Kumar son of Shri Banwari Lal filed suit for declaration against the defendant Maharashi Dayanand University, Rohtak and sought a declaration to the effect that the action on the part of the defendant including the impugned letter dated 10.4.1991 vide which the plaintiff was refused his due grades with effect from the date mentioned in para No. 3 of the plaint; and the refusal on the part of the defendant to upgrade the post of the plaintiff from the Assistant Director, Physical Education to Deputy Di