Punjab-Haryana High Court
State Of Haryana Etc vs D.S. Lohan on 18 April, 2024
Neutral Citation No:=2024:PHHC:052684
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RSA-1209 of 1995 (O&M)
2024:PHHC:052684
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA-1209 of 1995 (O&M)
Date of decision: 18.04.2024
State of Haryana and another
......Appellants
Versus
D.S. Lohan
......Respondent
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: - Mr. Saurabh Mohunta, DAG, Haryana.
Mr. Deepinder Singh Walia, Advocate, and
Mr. Pritish Goel, Advocate, for the respondent.
NAMIT KUMAR, J.
1. This Regular Second Appeal is directed against the
judgment and decree dated 22.12.1994 passed by the Court of learned
Additional District Judge, Hisar, whereby appeal preferred by the
respondent-plaintiff against the judgment and decree dated 18.05.1991
passed by the Court of learned Sub Judge II Class, Hisar, has been
accepted and suit of the respondent for declaration has been decreed.
2. For convenience sake, reference to parties is being made
as per their status in the civil suit. Brief facts of the case are that
plaintiff was appointed as Sectional Officer on 20.04.1963 and he
submitted his joining report on the same date in the office of E.E.
Capital Project Division, Chandigarh. He was charge-sheeted by
defendant No.2 vide letter dated 10.08.1971 under Rule 7 of the Punjab
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Civil Services (Punishment and Appeal) Rules, 1952 on the ground that
he recorded fictitious/excessive measurement of earth work done by the
plaintiff at Safidon-Hatt road, to which he submitted his reply. Plaintiff
was placed under suspension from 25.05.1971 to 23.11.1972.
Defendant No.2 vide office order dated 03.06.1991 ordered to treat the
suspension period of the plaintiff as period spent on duty. However,
plaintiff had been allowed annual increments after excluding the
suspension period of 01 year 06 months and 10 days. Plaintiff filed a
suit for declaration to the effect that he is entitled to get his full pay for
the suspension period from 25.05.1971 to 23.11.1972 and annual
increments w.e.f. 20.04.1972 in the pay scale of Rs.200-10-280/15-
430/20-450 and is entitled to cross the efficiency bar with effect from
20.04.1975 and is further entitled to get the selection grade and pay
fixed in the selection grade w.e.f. 09.11.1978 the date on which his
juniors had been allowed the selection grade. The suit of the plaintiff
was dismissed by the trial Court vide judgment and decree dated
18.05.1991. Aggrieved against the judgment and decree of the trial
Court, plaintiff preferred an appeal has been accepted and suit of the
plaintiff stands decreed by the lower Appellate Court vide judgment
and decree dated 22.12.1994 declaring him entitled to get his full pay
for the suspension period and to cross the efficiency bar with effect
from 20.04.1975 and to get selection grade with effect from 09.11.1978
and to get all consequential relief of arrears of pay due on refixation of
pay. Hence, the present appeal by defendants-State.
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RSA-1209 of 1995 (O&M)
2024:PHHC:052684
3. Learned counsel for the appellants-State, on instructions
from Mr. R.K. Nain, Executive Engineer, PWD (B&R), Jind, has
submitted that respondent has already retired from service; impugned
judgment and decree of the lower Appellate Court has been executed
and all the benefits have been granted to the respondent.
4. Learned counsel for the respondent does not dispute the
above-said position.
5. In view of the above, no further orders are required to be
passed in the present appeal. Disposed of accordingly.
6. Pending application(s), if any, stand disposed of
accordingly.
(NAMIT KUMAR)
18.04.2024 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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