Punjab-Haryana High Court
State Of Punjab vs Sh. Gurbux Singh Bhamra on 8 February, 2012
RSA No.1232 of 1997 (O&M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
R.S.A. No.1232 of 1997 (O&M)
Date of decision : 08.02.2012
State of Punjab
...... Appellant
v.
Sh. Gurbux Singh Bhamra
...... Respondent
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CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
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Present : Mr. S.S. Gill, D.A.G., Punjab
for the appellant.
Mr. Gauravjit Singh, Advocate
for the respondent.
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AJAY TEWARI, J. (Oral)
This appeal has been filed against the concurrent judgments of the Courts below decreeing the suit of the respondent claiming declaration that he is entitled to receive the arrears of pay alongwith retirement benefits and interest.
The respondent had filed the suit on the allegation that he was promoted as Sub Divisional Engineer (S.D.E.) in 1963. In 1966 he was reverted as Sectional Officer. Subsequently, that order was set aside by this Court and he was consequently re-appointed as Sub Divisional Engineer in the year 1969. However, on his re-designation as mentioned above he was RSA No.1232 of 1997 (O&M) ::2::
only given the pay of Sub-Divisional Engineer at initial stage and his earlier service since 1963 onwards was not counted. He kept representing even after his retirement and in the year 1991 one increment which was due to him on 10.05.1965 was allowed to him. Thereafter, he filed the suit. In the written statement, the State-appellant did not dispute his entitlement but only claimed that since the respondent did not make any representation in time the reliefs could not be granted to him and that at the stage of filing the suit it was delayed and thus the suit should be dismissed on the ground of limitation. Both the Courts held that by granting the benefit of one increment in the year 1991 to the respondent the cause of action had accrued on that date and thus the suit was not barred by limitation. Since no other defence was taken by the State against the respondent the suit was decreed. The learned trial Court did not grant the relief of interest. Thereafter, one appeal was filed by the State of Punjab against the grant of arrears and another appeal was preferred by the respondent claiming interest. The learned lower Appellate Court agreeing with the findings of the learned trial Court on merits, dismissed the appeal of the State of Punjab (herein the appellant) and allowed the appeal filed by the respondent and granted him the relief of interest @ 12% p.a. The State of Punjab filed only one appeal. On 28.04.2008 the following questions of law were proposed:-
i) Whether the impugned judgment and decree dated 25.02.1995 passed by the learned trial Court and the judgment and decree dated 03.10.1996 are illegal, arbitrary?
ii) Whether the claim of the respondent/plaintiff is hit by principles of res-judicata?
iii)Whether the plaintiff/respondent is entitled to receive the arrears of pay, retirement benefits as granted by the learned Courts below?
RSA No.1232 of 1997 (O&M) ::3::
iv)Whether the plaintiff/respondent legally entitle for the interest as awarded by the learned Appellate Court? As regard questions No.1 and 3 they are covered by the decision on the question of res-judicata because as mentioned above on merits no plea was taken that the respondent was not entitled to the arrears.
As regards question No.2 learned Deputy Advocate General has not been able to convince this Court as to how the principles of res-judicata is attracted in the present case. The respondent had challenged his reversion, that challenge was upheld. At that time he had no knowledge that even his subsequent increments would not be granted to him. No cause of action had accrued to him in respect of the subsequent increments.
As regards question No.4, as mentioned above only one appeal having been filed it would be taken that no appeal was filed with regard to the award of interest.
Resultantly, the questions of law proposed has to be answered against the appellant.
In this view of the matter, the appeal is dismissed.
( AJAY TEWARI )
February 08, 2012 JUDGE
ashish