USHNAK SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) The appellant had filed a suit for declaration to the effect that he was entitled to service benefit of proficiency step up on completion of 24 years and 32 years of continuous service. Upon a notice issued to the defendants, they appeared. However, despite opportunities, no written statement was filed and accordingly the defence of the defendants was struck off vide order dated 5.10.2004. This order was accepted as it was not put to any challenge before any Court.

(2.) To compound the matter further, the defendants failed to cross-examine the appellant, who appeared as PW-1 and tendered his affidavit as well as some documents on record by way of evidence. The trial court in this background, allowed the suit filed by the appellant by observing that there was no defence raised on behalf of the defendants and that they had also not addressed any question to the appellant while he had appeared to give evidence before the court.

(3.) Without making any amends to the situation as it would emerge from this position, the appeal was filed. No prayer was ever made for recalling the order dated 5.10.2004. No efforts were made to lead any evidence. However, the Appellate Court went at tangent to make reference to some of the ACRs earned by the appellant to observe that he did not deserve proficiency step up on completion of 24 years and 32 years of service.