HARINDERPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Harinderpal Singh, an Ex-serviceman, has filed this appeal to impugn the judgments passed by the trial Court as well as first Appellate Court. The issue involved is for pay fixation in the Punjab Education Board where he joined after his retirement from the Army service. He has a grievance that his pay has not been properly fixed in terms of the Rules applicable to the Board employees.

(2.) The facts necessary to appreciate the controversy are that the appellant was released from service on 12.8.1973. At that time, the appellant was drawing Rs. 279/- as his basic pay w.e.f. 1.1.1973. He was appointed as a Clerk in the Punjab Education Board on 1.1.1975. His pay was revised from 1.1 .1978 in the scale of Rs. 400-600. With effect from 17.1.1980, a new pay scale was introduced and the appellant opted for being re-fixed as per the change of the scale. Since his pay was not fixed in a proper manner, he filed a suit seeking declaration that he is entitled to pay in the scale of Rs. 400-600 w.e.f. 15.1.1980.

(3.) The suit was contested by the respondent-State. A preliminary objection was raised that the appellant has no cause to file the suit. It was pointed out that the State has already accepted the claim of the appellant and has passed the order fixing his pay. This was on the basis of option given by the appellant for being fixed in the pay scale w.e.f. 15.1.1980 after giving him the benefit of service rendered by him in the Military.