Darshan Singh vs State Of Punjab
2023 Latest Caselaw 15192 P&H

                                                          Neutral Citation No:=2023:PHHC:117394




RSA No.2393 of 1992(O&M)                       -1-          2023:PHHC:117394

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                                RSA No.2393 of 1992(O&M)
                                                Date of Order:05.09.2023

Darshan Singh
                                                                      .Appellant
                                    Versus

Punjab State and others                                          ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Vikas Singh, Advocate, and Mr. A.S.Pannu, Advocate for the appellant.

Mr. Ajit Singh Natt, AAG, Punjab

ANIL KSHETARPAL, J

1. This is the plaintiff's second appeal against the judgment passed

by the First Appellate Court while setting aside the judgment and decree

passed by the trial court.

2. The plaintiff filed a suit for grant of decree of declaration that

the various orders passed by the respondents while stopping his annual

increments are illegal, null and void. The suit was filed in the year 1989,

whereas the orders were passed between 27.05.1976 to 12.09.1978. The

First Appellate Court has found that the suit filed by the plaintiff was

instituted beyond the prescribed time.

3. The learned counsel representing the appellant contends that the

recent judgment on service law, the Supreme Court has distinguished its

previous judgment in State of Punjab vs. Gurdev Singh, 1991 (2)

RCR(Civil) 541 because the aforesaid judgment pertains to the case of

dismissal from service, whereas in this case, only the increments have been

stopped.

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Neutral Citation No:=2023:PHHC:117394

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4. This court has considered the submissions. In fact, the Supreme

Court in State of Punjab vs. Rajinder Singh, 1999 SCC (L&S), 664 has

held that even in the cases of order stopping increments with cumulative

effect, the limitation is 3 years which will begin to run from the date of

order. The Supreme Court has once again relied upon the judgment passed

in Gurdev Singh's case (supra).

5. Keeping in view the aforesaid facts, no ground to interfere is

made out.

6. Dismissed.

7. All the pending miscellaneous applications, if any, are also

disposed of.

September 05, 2023                                    (ANIL KSHETARPAL)
nt                                                         JUDGE


Whether speaking/reasoned               :YES/NO
Whether reportable                      :YES/NO

Neutral Citation No:=2023:PHHC:117394

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