RAJA SIR HARINDER SINGH Vs. S BHAG SINGH

JUDGEMENT

(1.) THE facts giving rise to this second appeal are that the plaintiff-respondent S. Bhag Singh joined the service of the defendant His Highness Sir Harindar Singh, Ruler of former Faridkot State, on 6th of March, 1945 and continued to serve him for a little over nine years when his services were terminated on the ground that the defendant had been unavoidably compelled to effect retrenchment in the establishment. The Controller of the Personal Estates of the defendant by means of a printed letter (Vide Exhibit P/10) dated 8th of February, 1955 said,

(2.) ON 7th of February, 1955, the defendant passed an order which was forwarded to the Controller of the Personal Estates, Faridkot for necessary action. The relevant portion of the order is as under:

(3.) IN the plaint, plaintiff averred that he had served the defendant from 6th of March, 1945 to 12th February, 1955 as Class I Gazetted Officer and at the time of his retirement his salary was Rs. 405/ -. Though the defendant had ordered prompt payment of plaintiff's pension or gratuity which was admissible under the rules, nothing has been paid to him. The plaintiff consequently instituted a suit for recovery of Rs. 4,140/ -. He claimed a sum of Rs. 3,645/-on account of gratuity at the rate of one month's pay for nine years calculated at Rs. 405/- per month. He also claimed a sum of Rs. 405/- as arrears of pay for one month and another sum of Rs. 90/- as grade promotion for six months. He served the defendant as Accountant and Treasury Officer.