STATE OF PUNJAB Vs. AMRIT LAL

JUDGEMENT

(1.) THE defendants are in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby the suit was decreed to the effect that the plaintiff is entitled to the proficiency step up on completion of 8 years of service. THE plaintiff was also granted interest at the rate of 12% per annum on the arrears of salary from the date the amount became due to the plaintiff. THE plaintiff while working as Kanungo was asked to discharge the functioning of Peshi Kanungo on 12.03.1980. THE plaintiff was said to be promoted to the post of Peshi Kanungo w.e.f. 12.03.1980, therefore, he was not granted proficiency step up. THE plaintiff also claimed additional incrments for the good work done. THE learned first Appellate Court returned a finding that there is no Rule or Regulation in respect of grant of such increment, therefore, the said claim was negated. However, in respect of claim of proficiency step up, the first Appellate Court found that there is no Rule or Regulation brought on record or to the notice of the Court that Peshi Kanungo is a promotional post from the post of Kanungo. Since the plaintiff worked in the pay scale of Kanungo till the date of his superannuation i.e. 31.09.1989, therefore, he is entitled to proficiency step up in the pay scale of Kanungo on 12.03.1988, when he completed 8 years of service in the pay scale of Kanungo.

(2.) I have heard learned counsel for the parties and find no patent illegality or irregularity in the findings recorded. It has not been brought on record that the plaintiff received any increase in pay on account of his designation as Peshi Kanungo on 12.03.1980. The palintiff continued to draw the same salary as he was drawing prior to 12.03.1980. In view of the said fact, the plaintiff is entitled to proficiency step up on completion of 8 years of service.

(3.) WHETHER in a suit for declaration claiming proficiency step up, the plaintiff is entitled to interest in terms of Section 34 of the Code of Civil Procedure on the arrears of salary? The plaintiff is entitled to the consequential arrears of salary on account of grant of increase in proficiency step up, but I do not find that the interest can be granted on such arrears. The interest in terms of Section 34 the Code of Civil Procedure can be granted only if the suit is for recovery of the payment of money. Since the suit is not for recovery of any specific or unspecifed amount, the plaintiff is not entitled to any interest on the arrears of proficiency step up. The suit is for declaration and not for recovery of money.