SHAMSHER SINGH Vs. HARYANA GOVERNMENT AND OTHERS

JUDGEMENT

(1.) Dr.Shamsher Singh Veterinary doctor has been directed the present regular second appeal against the judgment and decree dated 16.11.2009 passed by Shri A.K.Verma, learned Additional District Judge, Narnaul vide which the appeal preferred by the plaintiff against the judgment and decree dated 25.8.2008 passed by Shri Ishwar Dutt Sharma, learned Civil Judge (Senior Division), Narnaul was dismissed.

(2.) Briefly stated the facts of the present case are that Dr.Shamsher Singh-plaintiff-appellant filed suit for declaration to the effect that he is entitled to the adjustment of leave for the year 1997 and is also entitled to get upto date arrearsand ACPs as on 1.4.1995 and 1.1.1996 along with interest @ 18% per annum. The pleaded facts of the case of the plaintiff is that he was appointed in Animal Husbandry Department on 29.12.1973 as Veterinary doctor and since then he is doing his duties honestly. Due to family circumstances he proceeded on leave for the period mentioned in the impugned judgments. At that time he was posted in Veterinary Hospital, Bhondsi under Deputy Director, Animal Husbandry Department ICDP, Gurgaon. The plaintiff represented for acceptance of his leave for the said period but the same was not accepted and after ten years on 12.2.1998 he was charge sheeted under Rule 7 for the above said leave period. The plaintiff submitted his reply to the charge sheet but defendants sent the case of the plaintiff to Commissioner for enquries, who sent his report on 12.4.2001 to the Government. Hence the suit.

(3.) On put to notice, defendants-respondents appeared and filed written statement and took up preliminary objections regarding cause of action and right to file the present suit.