Punjab-Haryana High Court
State Of Haryana Through Colle vs Raghubir Singh on 9 May, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:064842
RSA-3458-1999 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
(206)
RSA-3458-1999
Date of decision:- 09.05.2024
State of Haryana and others ... Appellants
Versus
Raghubir Singh and others ... Respondents
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:- Mr. Sharad Aggarwal, DAG, Haryana
for the appellants.
None for the respondents.
****
SUVIR SEHGAL, J. (ORAL)
1. Appellants-defendants are in second appeal before this Court
challenging the concurrent finding recorded by both the Courts below.
2. Pleaded case of the plaintiffs-respondents is that they retired as
JBT teachers on different dates. Haryana Government revised the pay
scales of its employees w.e.f. 01.01.1986 and the plaintiffs-respondents
opted for the new scale. Their pay was fixed at Rs.1920/-, but without
hearing, it was reduced to Rs.1880/- w.e.f. 01.01.1986 and some recovery
was effected from them. In a writ petition filed before this Court, pay of the
petitioners therein was fixed at Rs.1920/- w.e.f. 01.04.1986 after giving
them an opportunity exercising an option. Claiming that they were similarly
placed, plaintiffs filed a suit for declaration as well as consequential relief.
3. Upon notice, suit was contested by the defendants-appellants by
filing a written statement, wherein various preliminary objections were
taken. Stand taken by the defendants was that the plaintiffs are not covered
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Neutral Citation No:=2024:PHHC:064842
RSA-3458-1999 -2-
with the judgment of the High Court as they were not party to the writ
petition. Replication was filed by the plaintiffs-respondents reasserting their
claim. Issues were framed and after the parties led evidence, Trial Court by
judgment dated 07.10.1998 decreed the suit holding that the plaintiffs are
entitled to pay of Rs.1920/- w.e.f. 01.04.1986 and their pension was ordered
to be re-fixed accordingly. They were found entitled to interest @ 18% per
annum on the arrears of pay. Defendants-appellants remained unsuccessful
in the first appeal, which was dismissed by the learned Additional District
Judge, Rewari by judgment dated 02.06.1999 resulting in the institution of
the present appeal.
4. I have heard the State counsel and considered his submissions,
besides examining the record with his able assistance.
5. When the present appeal came up for motion hearing before this
Court, following order was passed on 10.09.1999:-
"Notice of motion qua the rate of interest only for
02.12.1999.
Notice regarding stay also.
In the meanwhile, execution of the decree for
interest beyond 6% shall remain stayed till the next date."
6. The appeal was admitted on 26.08.2002 and interim order was
directed to continue. Even a perusal of the memorandum of appeal filed by
the defendants-appellants show that the sole challenge is to the rate of
interest.
7. Having heard the State counsel, this Court is of the view that the
award of interest @ 18% per annum is excessive and deserves to be
suitably reduced.
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RSA-3458-1999 -3-
8. Accordingly, it is ordered that the rate of interest shall be treated
to have been reduced from 18% to 6% per annum. Impugned judgments
and decrees are modified accordingly.
9. Appeal is disposed of.
09.05.2024 (SUVIR SEHGAL)
Kamal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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