SOM PARKASH Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby his suit for declaration to the effect that he was entitled to the benefit of service rendered w.e.f. 24.10.1967 till 14.1.1975 for the purpose of his service benefit, was dismissed and further the appeal filed against the aforesaid judgment and decree was dismissed by the First Appellate Court.

(2.) As per the averments, the plaintiff-appellant was appointed as Conductor in Punjab Roadways, Pathankot w.e.f. 24.10.1967. An enquiry was conducted against him. He admitted his guilt and his services were terminated. He was given fresh appointment vide order dated 14.1.1975 forfeiting his earlier service for all intents and purposes. According to the appellant, the General Manager, Punjab Roadways was not competent to appoint him afresh and award the punishment, as noticed above.

(3.) According to the appellant, he was assured by the said Authority that the said punishment will not be given effect to. It is the further case of the appellant that the said order was never given effect to and he was allowed regular increment etc. However, he came to know on 4.11.1990 that punishment was effected as his seniority was fixed treating him as fresh appointee on 14.1.1975. He filed a civil suit for correction of the seniority list but the same was dismissed.