State Of Punjab vs Harnam Singh
2022 Latest Caselaw 11011 P&H

Citation : 2022 Latest Caselaw 11011 P&H
Judgement Date : 12 September, 2022

Punjab-Haryana High Court

State Of Punjab vs Harnam Singh on 12 September, 2022

Daily Lok Adalat                                                     Bench No.1

501 (2)

RSA-428-1996 & RSA-429-1996
STATE OF PUNJAB V/S HARNAM SINGH

Present:- Ms. Jasleen Kaur Sidhu, DAG, Punjab along with
          Mr. Harpal Singh, Kanungo, D.C. Office, Bhatinda.

           Mr. Munish Jolly, Advocate and
           Mr. Kamal Joshi, Advocate for the respondent
                    ***

This order shall dispose of aforesaid two appeals bearing RSA-428 and 429 of

1996 filed by the State of Punjab as both are directed against the judgment dated

15.09.1995 passed by the Additional District Judge, Bhatinda.

The facts of the case are that the plaintiff-Harnam Singh had filed a suit for

declaration on 19.04.1990 claiming that he is entitled to be promoted as Kanungo and

then as Sadar Kanungo/ Naib Tehsildar from the date when his juniors were promoted

with all consequential relief of arrears of pay etc. The suit was partly decreed to the

extent that the plaintiff is entitled to the benefit of reserved class and partly dismissed the

suit to the extent that he is entitled to seniority since 1980 vide judgment dated

28.10.1993 passed by the Sub Judge, IInd Class, Bhatinda.

Against the said judgment, plaintiff-Harnam Singh filed the appeal. The said

appeal was allowed by the Additional District Judge, Bhatinda vide judgment dated

15.09.1995 and the decision of the trial court was modified as detailed in para 13 of the

judgment, which reads as under:-

"13) Keeping in view my above discussion the issue No.1 decided by learned trial Court is modified to the extent that the plaintiff shall be entitled for promotion from the date the persons belonging to the backward class but junior to appellant are promoted and this benefit will confined to the year 1980 as claimed by the appellant. Issue No.2 and 3 needs no modification as suit was within limitation. Issue No.4 is modified to the extent that if some financial benefits accrued to the appellant Harnam Singh as a result of this decision he shall be paid arrears of three previous years from the date of filing civil suit and will be entitled for 6% (six) interest on the arrears, as beyond that he will be barred by limitation. The department will issue revised salary slip etc.

1 of 2

RSA-428-1996 & RSA-429-1996 -2-

Keeping in view my above modifications. This exercise shall be completed within a period of three months from the date of receipt of copy of judgment. Both the appeals are disposed off accordingly. The parties are left to bear their own costs. Decree sheet be drawn up on both the appeals."

Aggrieved against the said judgment and decree, the State of Punjab had filed

these Regular Second Appeals on the ground of limitation and cause of action and the

both were admitted. However, no stay was granted in favour of the State. The

respondent-plaintiff also filed cross-objections.

Both the appeals have referred to this Forum for settlement.

During the pendency of the appeals, plaintiff-respondent-Harnam Singh is

stated to have expired on 08.04.2014. Mr. Harpal Singh, Kanungo, D.C. Office,

Bhatinda, who is appearing in person before this Forum, has stated that since Harnam

Singh has expired on 08.04.2014 , the said appeals have been rendered infructuous (death

certificate of Harnam Singh has also placed on record). Learned counsel for the

respondent-plaintiff has no objection to it.

By way of efflux of time and the statement made by Mr. Harpal Singh in the