STATE OF PUNJAB Vs. GURDAS SINGH

JUDGEMENT

(1.) These are two cross appeals, both against two separate judgments of Punjab and Haryana High Court arising out of a judgment of the Additional District Judge, Gurdaspur passed in appeal filed by the State of Punjab and also by Gurdas Singh. The judgment of the High Court in the appeal of the State of Punjab is dated January 25, 1991 and that in the appeal of Gurdas Singh, it is dated March 3, 1991. Both the appeals were dismissed by the High Court in limine.

(2.) Gurdas Singh, respondent in Civil Appeal No. 2978 of 1991 was recruited as Constable in 1961 in the Punjab Police. In 1976 he was promoted as Asstt. Sub-Inspector and in 1984 as Sub-Inspector. By order dated September 3, 1987 of the Senior Superintendent of Police, passed in pursuance to Rule 3(1)(b) of the Punjab Civil Services (Premature Retirement) Rules, 1975, he was prematurely retired from the service. At that time he was holding substantive rank of Sub-Inspector of Police and had completed 25 years of qualifying service as on February 3, 1986. This order reads as under:-

(3.) Thereafter Gurdas Singh filed a civil suit on February 25, 1988 challenging his premature retirement from the service and for quashing the orders dated September 3, 1987 and that dated November 18, 1987 being illegal and void. The suit was decreed in favour of Gurdas Singh by judgment dated June 14, 1989 of the Subordinate Judge, Ist Class, Gurdaspur. The State of Punjab appealed against that judgment and decree. By Judgment dated August 10, 1990 Additional District Judge, Gurdaspur, dismissed the appeal. He, however, held that Gurdas Singh, plaintiff, had succeeded on ultra-technical point on the failure of the defendants to produce proof of their having conveyed to him two adverse entries. It was, therefore, directed that Gurdas Singh would not get any arrears of pay w.e.f. September 3, 1987 to June 14, 1989 when his suit was decreed by the trial Court. Both the State of Punjab and Gurdas Singh filed appeals in the High Court. While the appeal of the State of Punjab was dismissed by the impugned judgment dated January 25, 1991, that filed by Gurdas Singh was dismissed by a judgment dated March 6, 1991. State of Punjab is aggrieved that the order prematurely retiring Gurdas Singh has been upset. Gurdas Singh is aggrieved that he has been denied salary for a certain period.