Punjab-Haryana High Court
State Of Punjab vs Hardial Singh on 5 March, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:031495
RSA-861-1994 -1-
Neutral Citation No. 2024:PHHC:031495
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
201
RSA-861-1994
Date of Decision:05.03.2024
State of Punjab and others
.... Appellants
Vs
Hardial Singh and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Ms. Amrita Garg, AAG, Punjab.
Mr. Sandeep Bansal, Advocate
for contesting respondent No.1.
None for proforma- respondents No.2 and 3.
***
SUVIR SEHGAL, J. (ORAL)
1. State-defendants No.1 to 3 are in second appeal before this
Court challenging the concurrent finding recorded by both the courts
below.
2. Hardial Singh, plaintiff-respondent No.1, filed a suit for
declaration to the effect that the action of the defendants in dis-
allowing the pay-grade of Classical and Vernacular Teacher as per
decision taken vide letter dated 18.12.1980, is invalid and that he is
entitled to receive the revised grade of Rs.570-1080 per month w.e.f.
01.01.1979 including all allowances and other benefits admissible to
him from time to time.
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3. Upon notice, suit was contested by the State-defendants
No.1 to 3 and by defendants-respondents No. 4 and 5 by filing
separate written statements, wherein besides taking various
preliminary objections, a stand was taken that the plaintiff had joined
the school after giving an undertaking that he will not claim higher
pay. In his replication, plaintiff-respondent No.1, reasserted his claim.
After framing of issues and leading of evidence by the parties, trial
court by judgment and decree dated 10.08.1991 decreed the suit. Joint
appeal preferred by all the defendants was dismissed by learned
Additional District Judge, Hoshiarpur vide judgment dated
15.09.1993, resulting in filing of the present appeal by State-
defendants No.1 to 3.
4. I have heard counsel for the parties and have considered
their respective submissions.
5. During the pendency of the litigation, District Education
Officer, Hoshiarpur, defendant No.3 by memo dated 06.08.1990,
Ex.P-12, has accepted the claim of the plaintiff-respondent No.1.
Letter issued by defendant No.3 deserves to be noticed and its
translated copy, supplied by counsel for plaintiff-respondent No.1, is
reproduced as under:-
"Subject: Regarding grant of grade of C and V
teachers to Sh. Hardial Singh, Hindi Teacher.
Sh. Hardial Singh, B.A. B.Ed. was
appointed as Hindi Teacher on 01-01-1979 against
the post of Hindi teacher in J.B.T. Grade, approval
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of which was given vide this office order No.
Auditor-(79) 13/9-789-91 dated 04-01-1980.
2. The Government vide its letter No. 10227-
EDU-3(4)- 73/29098 dated 16-11-1973, approved
to grant proficiency grade of C and V teachers
alongwith three advance increments to all such
Hindi/Punjabi teachers. This was circulated vide
D.P.I. (S), Punjab, Chandigarh vide his Memo No.
17/22-69 grant (1) dated 10-12- 1973. D.P.1. (S),
Punjab, Chandigarh vide his Memo No. 17/7-84-
grant-1(1) dated 13-08-1986 confirmed the above
said fact and clarified that educational
qualification of such C and V teachers should be
B.A., B.Ed. (B.A. passed with Hindi/Punjabi
Elective Subject and working at the post of
Hindi/Punjabi under proficiency grade 170/350 or
570/1080 of C and V teachers) are eligible for it
alongwith three advance increments, provided that
their appointment should be after 01-04-1972 and
before 23-01-1981 (from the date of implementation
of Rules).
3. As per the instructions of the government, it
is clear that Sh. Hardial Singh Hindi teacher, is
entitled for basic salary of Rs. 620/- in Grade of
570/1080 from the date of his appointment i.e. 01-
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01- 1979, and the same be granted to him and entry
regarding this be made in his service book.
4. Sh. Hardial Singh will immediately
withdraw his civil suit as per his affidavit.
Sd/-District Education Officer Hoshiarpur."
6. It is evident from facsimile of letter Ex.P-12 that the
plaintiff-respondent has been held entitled to basic salary of Rs.620/-
in the grade of Rs.570-1080, from the date of his appointment i.e.
January, 1979. This letter was issued on the condition that he will
withdraw the civil suit as per affidavit submitted by him. Counsel for
the plaintiff-respondent No.1 submits that pursuant to this letter
monetary benefits have been disbursed to the plaintiff, who after
attaining the age of superannuation has retired from service.
Consequently, nothing survives for determination in the instant
appeal.
7. To be fair to the appellants, the sole argument raised by
State counsel deserves to be noticed. She has urged that the plaintiff-
respondent No.1 was an employee of a Government aided privately
managed school and the civil suit filed by him was not maintainable
as his services were governed by the Punjab Privately Managed
Recognised Schools Employees (Security of Service) Act, 1979. Her
contention has been considered. On the basis of an objection taken by
the defendants, issue No. 6 was framed regarding the jurisdiction of
the civil court. However, at the time of arguments, this issue was
never pressed by the defendants and while decreeing the suit, trial
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Court has recorded that parties did not insist upon the decision of the
issue. Furthermore, first appeal was preferred by all the three official
defendants along with School-defendants No.4 and 5 through a
Government Pleader and this question was not urged. Therefore, at the
stage of second appeal, it does not lie in the mouth of the State
counsel to insist that the suit was not maintainable.
8. In view of the facts noticed above, appeal lacks merit.
Judgments and decrees passed by the courts below are upheld and this
appeal is dismissed. No costs.
05.03.2024 (SUVIR SEHGAL)
pooja saini JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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