JUDGMENT 1. - Both these revision petitions are directed against the order dated 16-11-1988 passed by the learned Addl. District Judge, No. 1, Jaipur City, Jaipur, here by he confirmed the order dated 9-8-1988, paned by the learned Addl. Munsiffs and Judicial Magistrate, No. 1, Jaipur City, Jaipur. 2. Plaintiff Uma Shankar, filed a suit against the defendants and submitted therein that the plaintiff was working as L.D.C. for the last 6 years and he is qualified for the same. Prayer was also made that the plaintiff is entitled to get the appointment on the post of L.D.C. from 31st October, 1983 and he is also entitled to get the salary and other allowances of the post of L. D. C. The suit for injunction was also filed and payer was also made that he should not be transferred on any post other than the post of L.D.C. He prayed for the wages in the plaint also. Petitioner moved an application under O.39 Rule 1 & 2 read with S. 151 of the CPC. In the said application, prayer was also made that the petitioner should not be transferred from the post of L.D.C. and the directions should be issued to the respondents to continue him on the post of L.D.C. 3. On behalf of the non-petitioners, it was submitted that the petitioner was appointed on the post of peon and he has also been paid regular salary of the peon. It was also submitted that during the examinations and other allied matters, some times the clerical work was taken from him. It was also submitted that during that period when the work of clerical nature was taken from him the allowances and arrears have already been paid to him. Mr. Mishra, learned counsel for the petitioner submits that the petitioner is a Post graduate person and he is holding a degree of M. Com. He submits that initially the petitioner was appointed as a Class IV employee and the appointment letter was issued for the same. However, the work of clerk was taken from him throughout. He has also produced a certificate issued by the Dy. Director on 18th September, 1984. The Deputy Director, has issued a certificate to Shri Uma Shankar, who is a class IV employee and is working as L. D. C. since long and his work is satisfactory. Mr. However, the work of clerk was taken from him throughout. He has also produced a certificate issued by the Dy. Director on 18th September, 1984. The Deputy Director, has issued a certificate to Shri Uma Shankar, who is a class IV employee and is working as L. D. C. since long and his work is satisfactory. Mr. Mishra, submits that this certificate should be considered for the purpose of taking decision that the petitioner is working as L.D.C. Mr. Mishra, further prays that his client who is M. Com. person should be continued to hold the post of L.D.C. and should not be allowed to be thrown-out of employment by asking him to work on the post of peon. The education policy and the results thereof are under exhibition in this case looking to the plight of the petitioner and the cases of other similar situated pen sons. It is an admitted position that the petitioner is a M. Com. and he was appointed as peon though the work of clerk might have been taken from him. 4. The contention of the learned counsel for the non-petitioner is that the petitioner is working as a peon though not admitted by the petitioner goes to reflect the value and the quality of the education and the impact of the education on the society. Persons who are M.Com are moving door to door in search of Job of L.D.C. and this is the value of a degree of M. Com. issued by the University. Number of matriculate persons get the appointment as L.D.C. but number of M. Com. persons might have failed even to get the appointment on the post of L.D.C. Judicial notice can be taken of the prevalent conditions in the society. 5. The Judge is not a mason and it is not expected from a Judge that he will put a brick on the brick mechanically. Judge is a structural engineer and he will have to see from the foundation to the top that the wheel of the society is moving in a proper and right direction. The wheel of the society and the wheel of the law should move towards the attainment to the preamble of the Constitution of India and Chapters III and IV of the Constitution of India. We talk of equality, we talk of justice and fraternity. The wheel of the society and the wheel of the law should move towards the attainment to the preamble of the Constitution of India and Chapters III and IV of the Constitution of India. We talk of equality, we talk of justice and fraternity. Where is the equality, justice and the fraternity if the post graduate persons cannot get the proper employment. 6. The whole concept of the status quo needs a surgical operation and the concept of the present justice also needs surgical operation. The Ria sic Pascal Pensee has published in the James Nadison : The Federalist Report No. 51, which reads as under - Justice without power is inefficient; power without justice is tyranny, justice without power is opposed, because there are always wicket men, power without justice is soon questioned. Justice and power must therefore, be brought together, so that whatever is just may be powerful, and whatever is powerful may be just." Felix Frankfurter pointed out as under : "A Judge should be compounded of the faculties that are demanded of the historian and the philosopher and the prophet. The law demanded upon him to make some forecast of the consequences of his action-is perhaps the heaviest. To pierce the curtain of the future, to give shape and visage to mistress still in the womb of time is the gift of the imagination. It equites poetic sensibilities with which Judges are rarely endowed and which their education does not normally develop These Judges must have something of the creative artist in them; they must have antennae registering feeling and judgment beyond logical, let alone quantitative, proof." 7. Justice cannot be insulated by traditional law, traditional thinking, traditional approach and traditional mode of implementation. If a Judge wants to be a Judge of present time, a Judge of the social democracy and a Judge of the republican democracy then the Judge will have to say good-bye to the traditional approach. Taking note of the social democracy and fraternity is the need of time which is must for the preservation of the nation. It has become obligatory that we will have to act as an artist, we will have to act as a philosopher, structural engineer and architect. Only thereby we can strive towards achievement of the objects laid down in the preamble of the Constitution for which we have taken oath. It has become obligatory that we will have to act as an artist, we will have to act as a philosopher, structural engineer and architect. Only thereby we can strive towards achievement of the objects laid down in the preamble of the Constitution for which we have taken oath. The Head of the judiciary the Hon'ble Chief Justice of India, while delivering the lecture has warned against the collapse of the system, how the junior members of the family cannot have the thinking for the same. 8. With this background I will have to consider the case of the present petitioner and the arguments levelled by Mr. Agrawal, learned counsel for the respondents. As far the finding of the courts below is concerned, that the petitioner has not been appointed regularly as LDC, I am not willing to disturb it and it should (sic not) be disturbed at this stage. The petitioner has prayed in the plaint about the appointment on the post on which the petitioner alleges that he has worked. The petitioner has produced a certificate of the Deputy Director, dated 18th September, 1984, and submitted that the Deputy Director has issued a certificate that the petitioner has worked as LDC though substantively holding the post of Class IV employee. 9. It will not be out of place to mention that the Deputy Director is a very responsible officer and the certificate issued by him cannot be ignored. If the respondents feel that the Deputy Director, has committed a mistake in issuing it then they should determine this fact and they should take action against him, for issuing the false certificate if it is false. If the facts mentioned in the certificate are true, then naturally the petitioner cannot be deprived from his right of wages and salary though not prayed for specifically in the application may be on account of ignorance of the advocate or for any other reason. I am of the view that the wheel of the law should be moving one, otherwise the present system will collapse. Judge should always think of the down trodden people of the depressed class of the society. 10. Mr. Agrawal, has also submitted that the erroneous question of law and facts cannot be interfered in the revisional jurisdiction. Generally, this preposition is accepted. Judge should always think of the down trodden people of the depressed class of the society. 10. Mr. Agrawal, has also submitted that the erroneous question of law and facts cannot be interfered in the revisional jurisdiction. Generally, this preposition is accepted. However, in a rare of the rarest cases, this proposition may note applied to meet the requirements of justice and to see that the wheel of the justice and wheel of the society moves. I will reject the revision petition of the petitioners. I direct the respondents to determine in the light of the certificate issued by the Deputy Director, whether the petitioner has actually worked as per certificate and if he has worked then he should be given the wages of the post on which he has worked. If the respondents feel that the certificate issued by the Deputy Director, is bad and not correct then the action should be taken against the Deputy Director. Respondents shall pay the salary or the wages of L. D. C. of that period during which the petitioner has performed the duties of the post of L. D. C. Same will also apply to other revisions. 11. In the result, the revision petitions are disposed of as indicated above. There is no order as to costs. Revision Petitions disposed of. *******