STATE OF HARYANA Vs. VIDYAWANTI

JUDGEMENT

(1.) This is a regular second appeal filed on behalf of the State of Haryana against the judgment and decree passed by the learned District Judge, Kurukshetra dated 7.4.1998. The learned District Judge in his judgment has given declaration that the plaintiff-respondent (hereinafter to be referred as, 'plaintiff') is entitled for interest at the rate of 12% per annum on the amount of Rs. 35,851/- w.e.f. 1971 when the increments fell due and were wrongfully withheld by the defendants-appellants (hereinafter to be referred as, 'defendants'). The learned District Judge also awarded the costs of litigation to the plaintiff. Aggrieved by the judgment and decree of the learned District Judge, the present appeal has been filed.

(2.) The plaintiff was appointed as Craft Teacher on 13.8.1968 in the school run by the Panchayat Samiti under the control of Block Development and Panchayat Officer, Shahbad. She was given regular grade somewhere in 1970. However, from 1971 to 1976 her annual grade increments were not given for the reasons best known to the defendants. The plaintiff made various representations and eventually served a legal notice on the Executive Officer of the Panchayat Samiti and her case was finalised on 10.11.1991. According to the settlement, the arrears of Rs. 35,851/- was to be paid in three instalments. The last instalment was paid to her in the year 1994. The plaintiff urged that the amount of five increments due to her was wrongly withheld without any rhyme or reason and she was entitled to interest. She filed civil suit on 23.12.1995. Her claim was decreed by the learned Additional Civil Judge (Senior Division), Kurukshetra and interest at the rate of 12% per annum on the amount of Rs. 35,851/- was awarded from the date when this amount has become due till the actual date of payment.

(3.) Dis-satisfied with the judgment and decree passed by the trial court, the defendants preferred an appeal before the learned District Judge, Kurukshetra. Affirming the findings recorded by the trial court, the learned District Judge held as under :-