STATE OF PUNJAB Vs. DARSHAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Both the appeals are taken up together for disposal. The State of Punjab questions correctness of judgment rendered by learned single Judge of Punjab and Haryana High Court in Second Appeal Nos. 3618/1987 and 1472/1988 affirming the judgment and decree passed in appeal by the learned Additional District Judge, Patiala. The First Appellate Court had reversed the judgment and decree passed by learned Senior Subordinate Judge, Patiala dismissing the suit filed by the respondent-employee.

(3.) Factual background giving rise to these appeals in a nutshell is as follows : Respondent as plaintiff filed a suit in the Court of Senior Subordinate Judge, Patiala for a declaration that the order dated 13-3-1977 passed by the State through the Collector, Patiala removing him from service is unconstitutional, illegal, null and void, mala fide, ineffective, inoperative, improper and discriminatory. A further prayer was for a declaration that he was entitled to have his pay fixed in the appropriate scale by counting the period of his alleged forced absence. Averments in the plaint were to the following effects : He was employed as a Senior Compositor in the Government Press, Printing and Stationery Department, Patiala. He was appointed in 1970 and was removed from service by order dated 13-3-1977. He made several representations to the Government and by order dated 14-2-1979 the Government passed an order for appointing him as a Junior Compositor and consequently the Additional Controller, Patiala issued fresh order of appointment appointing him as a Junior Compositor on temporary basis as a new appointee. Three issues were framed which read as follows :