HVPNL AND OTHERS Vs. AMAR SINGH

JUDGEMENT

(1.) The plaintiff in his suit filed on 9.12.2005, has claimed that the recovery as ordered by the appellants be declared as null and void; mandatory injunction be issued directing the defendants to release the assured career progression to him according to rules and also to release him all the retiral benefits.

(2.) The trial court decreed the suit without granting any interest to him, where upon the plaintiff-respondent as well as the appellants preferred the cross appeals. While dismissing the appeal filed by the appellants, the first appellate court awarded interest @ 9% per annum on the withheld first and second ACPs and retiral benefits from the date of its accrual till the payment. Hence this regular second appeal.

(3.) Undisputed facts are that the plaintiff joined as Assistant Line Man on 19.10.1966 and was promoted as Lineman on 2.3.1968. Thereafter, he was promoted Assistant Foreman on 12.3.1980 and retired as such on 31.10.2002. On, 14.7.2000, when Om Parkash, a resident of village Moonak, crossing the bridge on his bicycle, then ACSR conductor fell down on him and he died due to electrocution. During investigation, the respondent was found to be negligent in his duties and responsible for the accident. Consequently, Nigam had to pay compensation to the family of the deceased and also issued a show cause notice to the plaintiff for recovery of Rs.50,000/-. Ultimately after considering the reply to be not satisfactory, the Nigam vide order dated 29.10.2002, directed the plaintiffrespondent to pay a sum of Rs.50,000/-. The plaintiff has challenged the said order of penalty and also filed a suit for mandatory injunction to release him the benefits of ACPs scales on completion of 10/20 years of service.