Punjab-Haryana High Court
Lakhbir Kaur And Others vs State Of Punjab And Others on 24 December, 2009
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
RSA No.749 of 2009 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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RSA No.749 of 2009 (O&M)
DATE OF DECISION: 24.12.2009
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Lakhbir Kaur and others . . . . Appellants
VS.
State of Punjab and others . . . . Respondents
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CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.Naresh K. Joshi, Advocate for the appellants.
Mr.K.D. Sachdeva, Addl. A.G. Punjab.
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RAKESH KUMAR JAIN J. (ORAL)
Plaintiff is in second appeal.
The trial Court decreed the suit of plaintiff by observing that "it is ordered that suit of the plaintiff stands decreed with costs to the effect that the plaintiff is entitled for the increments due to him from September, 1965 upto 30.4.1998, after fixing the salary @ Rs.14,300/- P.M. with interest @ 12% P.A. and the defendants are directed to pay the arrears of pay, revised pension, gratuity, leave encashment and all other benefits attached to the post of the plaintiff by adding the due increments w.e.f. 15.9.1965 to 30.4.1998 to the plaintiff".
Aggrieved against the judgment and decree of the First Appellate Court, the plaintiff has filed the second appeal before this Court, in which Notice of motion was issued on 17.2.2009. During the course of hearing on 18.11.2009, following order was passed: RSA No.749 of 2009 (O&M) -2-
"Mr.Satish Bhanot, Additional Advocate General, Punjab, has submitted a copy of the order dated 17.11.2009, passed by the Financial Commissioner Development and Principal Secretary to Government of Punjab, Department of Agriculture, granting exemption w.e.f. 6.04.1992, to the appellant from passing the departmental examination of Accounts. It appears that with the passing of this order, the only objection raised by the State of Punjab no longer subsists. However, Mr.Satish Bhanot, Additional Advocate General, Punjab prays for time to file an appropriate affidavit in this regard."
The appeal filed by the State of Punjab, however, was allowed by the Additional District Judge, Gurdaspur on 31.10.2008 and the suit of the plaintiff was dismissed by observing that "the plaintiff / respondent has failed to show any illegality in the order vide which he was not granted increments. He has failed to show any illegality in the order by which his request was declined for exemption from qualifying the departmental examination. The suit of the plaintiff is liable to fail".
In pursuant to that order dated 18.11.2009, affidavit sworn by Sutantar Kumar Airi, Chief Agricultural Officer, Gurdaspur dated 23.12.2009 was filed on behalf of respondents No.1 to 4 with the following averments:
"1. That the brief facts of the case are that Surjit Singh (Now deceased) S/0 Late Charan Singh and Lakhbir Kaur (Appellant No.1) retired on 30.04.1998 as Agricultural Development officer on attaining the age of superannuation from the office of Chief Agricultural officer, Gurdaspur, without passing the Departmental Examination of Accounts.RSA No.749 of 2009 (O&M) -3-
2. That Surjit Singh (Now deceased), Agricultural Development Officer is exempted from passing the Departmental Examination of accounts w.e.f. 06.04.1992 on attaining 52 years age by Financial Commissioner Development and Principal Secretary to Govt. of Punjab, Department of Agriculture vide Endst.
No.8/12/09-Agri.1(2)/7647 dated 17.11.2009 based on the interim order passed by the Hon'ble High Court.
3. That in view of order dated 17.11.2009 Surjit Singh has now been exempted from passing the Departmental Examination of accounts w.e.f. 06.04.1992 and he will be granted the due increments after fixing the salary @ Rs.14300/- at the time of superannuation. The relevant benefits i.e. arrears of pays, revised pension, gratuity, leave encashment and any other benefits attached to the post held by the Surjit Singh (Now deceased) will be granted to him within the period of four months."
According to the aforesaid averments made in the affidavit, Surjit Singh (now deceased) has been exempted from passing the departmental examination of accounts w.e.f. 6.4.1992 on attaining 52 years of age vide order dated 17.11.2009 and it has been decided to grant him the due increments after fixing the salary @ Rs.14300/- at the time of superannuation and shall be paid all the relevant benefits i.e. arrears of pay, revised pension, gratuity, leave encashment and any other benefits attached to the post held by him.
The offer made through the aforesaid affidavit satisfies the plaintiffs so far as their claim, which has been put up in the suit is concerned, therefore, judgment and decree of the learned Lower Court is set aside and judgment and decree of the trial Court is modified to RSA No.749 of 2009 (O&M) -4- the extent that the appellant shall be entitled to the benefits after fixing the salary of Surjit Singh (now deceased) @ Rs.14300/- which he was to get at the time of superannuation and shall also be entitled to arrears of pay, revised pension, gratuity, leave encashment and any other benefits attached to the post held by him. All the amount shall be paid to the Legal Representatives of the deceased Surjit Singh, who are the present appellants within a period of four months from the date of passing of this order.
(RAKESH KUMAR JAIN)
DECEMBER 24, 2009 JUDGE
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