State Of Punjab vs Madan Lal
2024 Latest Caselaw 8427 P&H

Punjab-Haryana High Court

State Of Punjab vs Madan Lal on 22 April, 2024

                                    Neutral Citation No:=2024:PHHC:054151


                                                              2024:PHHC:054151
RSA-2538-1999                                                                  -1-

210       IN THE HIGH COURT OF PUNJAB AND HARYANA
                 AT CHANDIGARH

                                            RSA-2538-1999
                                            Date of decision: 22.04.2024

STATE OF PUNJAB                                      ...PETITIONER

                               VERSUS

MADAN LAL                                            ...RESPONDENT

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present: Mr. Teevar Sharma, AAG, Punjab.

          None for the respondent.

      ****
NAMIT KUMAR ,J. (ORAL)

1. The suit for declaration filed by the respondent/plaintiff, wherein he

claimed his date of birth as 28.10.1932 instead of 28.10.1930, was decreed by

the Court of learned Additional Senior Sub Judge, Gurdaspur vide judgment and

decree dated 27.09.1995 by granting the following relief:-

"In view of my findings on the issues discussed above, the suit of the plaintiff is decreed to the effect that the date of birth of the plaintiff is 28.10.32 and not as 28.10.30 as recorded in the service book of the plaintiff and as such the date of the superannuation of the plaintiff was 31.10.90 and not 31.10.88. Since, the plaintiff has already rendered the services upto 31.10.90 on the basis of the interim stay granted to him, by the court, now there is no fun in granting the relief of permanent injunction so as to restrain defendant No.3 from relieving the plaintiff. However, the plaintiff is entitled to all the benefits of the service including pay and allowances upto the date of his superannuation i.e. upto 31.10.90. The suit of the plaintiff is decreed with costs of the suit. Decree sheet be prepared accordingly."

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Neutral Citation No:=2024:PHHC:054151

2024:PHHC:054151 RSA-2538-1999 -2-

2. The appeal preferred by the State of Punjab was dismissed by

upholding the finding recorded by the learned trial Court vide judgment and

decree dated 27.09.1995

3. Learned State counsel submits that during the pendency of the present

appeal, the respondent has unfortunately died. However, no LRs have been

brought on record.

4. Since, the respondent/plaintiff had already served the department for

the extended period of two years in terms of interim stay granted by the trial

Court, therefore, no further orders are called for in the instant appeal.

5. However, liberty is granted to the appellant to revive the instant

appeal, in case LRs of the deceased-sole respondent file a petition for execution

of the judgments/decrees passed by the Courts below.

6. In view of the above, the present appeal is disposed of.

22.04.2024                                            (NAMIT KUMAR)
renubala                                                JUDGE


                     Whether speaking/reasoned: Yes/No
                     Whether reportable:        Yes/No




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