SUKHMANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailed in this appeal is the judgment dated 07.08.2008 passed by the District Judge, Faridkot, dismissing the appeal filed by the plaintiff-appellant (hereinafter referred as 'the plaintiff') against the judgment and decree dated 22.05.2008 passed by the Additional Civil Judge (Senior Division), Faridkot, dismissing his suit for declaration claiming pensionary benefits. The plaintiff joined the Education Department as a Teacher on 15th Assu, 1947. His appointing authority was His Highness Maharaja of Faridkot State. Thereafter, the said State was merged into Pepsu Government. Later on, all the schools, including the school of the plaintiff, were taken over by the Punjab Government. After serving many years, he submitted his resignation on 08.01.1975, which was duly accepted by the respondents-defendants (hereinafter referred as 'the defendants') without objection. It was further submitted that, though the plaintiff had resigned from service, yet he having completed 28 years of service, was entitled to pensionary benefits under Rule 4.2 (1) (b) Chapter IV, Volume I of Punjab Civil Services Rules. On this basis, the plaintiff filed the suit for declaration on 23.09.2005 i.e. 30 years after he had retired.

(2.) The suit was contested by the defendants, wherein they contended that the suit was time barred. The plaintiff resigned from service on 08.01.1975, but the suit was filed after a period of 30 years. It was further contended that consequent upon submitting resignation, the past service of the plaintiff stood forfeited, therefore, he was not entitled to any pensionary benefits.

(3.) From the pleadings of the parties, following issues were framed by the trial Court:-