STATE OF HARYANA Vs. RAM PAL

JUDGEMENT

(1.) Respondent, herein, was appointed as Conductor on 30.40.1974 and since then, he had been serving the appellants honestly and sincerely. Even, so, annual increments w.e.f 30.04.1977 were not given to him without any reason. He made representation for grant of annual grade increment of 21.04.1986. It was replied by the appellants that the increment has been permanently stopped.

(2.) The legality and propriety of permanent stoppage of the increment (s) were challenged by the respondent before the trial Court in a suit for declaration to the effect that the order of permanent stoppage of increment is illegal and void and notwithstanding, he is entitled for increments due to him. He was informed for the first time vide order dated 12.05.1986 regarding stoppage of his annual increment. So, cause of action arose to him from that day. Before, filing of suit notice under Section 80 CPC was served on the appellants.

(3.) Appellants in their joint written statement, apart from taking preliminary objections of maintainability of suit, limitation and that the respondent has not challenged the specific order of stoppage of increment, averred that all the actions taken against the respondent were duly intimated to him and he was given increments on 03.04.1975 and 01.04.1976 and later on his increments were stopped, as a result of departmental enquiries. Rest of the averments contained in the plaint were controverted and prayer for dismissal of the suit was, thus, made.