STATE OF PUNJAB Vs. SHAMSHER SINGH

JUDGEMENT

(1.) The respondent-plaintiff had filed a suit for declaration to the effect that the act of the appellants in not granting pension, gratuity and other service benefits to him was illegal and he was entitled to receive the same with interest at the rate of 12% per annum alongwith other consequential reliefs.

(2.) The suit filed by the respondent-plaintiff was dismissed against which he filed an appeal, which was allowed. The said judgment is now impugned through the present Regular Second Appeal.

(3.) The conceded factual position is that respondent-plaintiff was enrolled as Constable in Punjab Police on 26th June, 1953 and had submitted his resignation due to unavoidable family circumstances, which was accepted on 29th April, 1969. The respondent-plaintiff would accordingly plead that he had rendered more than 10 years of service in Police Department and, thus, was entitled to all service benefits of pension and gratuity. He had approached the appellant officials for release of his retiral benefits but no decision was communicated to him in this regard. The respondent-plaintiff accordingly served a notice under Section 80 CPC on 11th September, 2001 and thereafter filed the suit on 19th November, 2001. The appellants contested the suit by filing a written statement, raising preliminary objection regarding maintainability of the suit and also on the ground that it was time barred. The service details of the respondent-plaintiff were otherwise admitted and so too the fact that he had submitted his resignation on 28th April, 1969, which was accepted on 29th April. 1969 by the competent authority. As per the appellants, the respondent-plaintiff was not entitled to any service benefits in terms of Rule 3.17-A (1) (v) of C.S.R., Volume I and II as he had submitted his resignation voluntarily. The suit filed by the respondent-plaintiff was dismissed, against which he filed an appeal. The Appellate Court allowed the appeal and decreed the suit entitling the respondent-plaintiff to all pensionary benefits alongwith simple rate of interest at 10% per annum form the date of filing the suit till realisation.