THE STATE OF HARYANA Vs. AMAR NATH BANSAL

JUDGEMENT

(1.) Amar Nath Bansal was initially appointed as a civilian clerk in the Army at Sangrur in the erstwhile Jind State on July 12, 1943. On the merger of the Jind State in the erstwhile State of Pepsu, he was integrated as an auditor in the Treasury. Subsequently, the post of Auditor and Assistant were equated. He continued to function as an auditor in the Treasury even after the merger of Pepsu State with Punjab State. On the eve of reorganisation of the State of Punjab on Nov. 1, 1966, he was allocated to the State of Haryana. Subsequently, he was promoted as an Assistant Superintendent with effect from Sept. 4, 1967 in the Haryana State. He functioned as Assistant Treasury Officer w.e.f. Oct. 10, 1975 and was posted at Jhajjar, Amar Nath Bansal retired as Assistant Treasury Officer from the Haryana Government on attaining the age of 58 years on Sept. 30, 1984 as per service rules applicable to the employees of the State of Haryana.

(2.) Shri Amar Nath Bansal filed civil suit No. 392 on Sept. 25, 1987 in the Court of Sub Judge IInd Class, Rohtak, against his retirement on the plea that according to the conditions of the service applicable to the employees of the erstwhile princely State of Jind. These Rules were protected under the covenant framed at the time of the merger of the said State with Pepsu; State Organisation Act, 1956; and Punjab Reorganisation Act, 1966. He was to continue in service upto the age of 62 years. The said civil suit filed by Amar Nath Bansal was dismissed with costs vide judgment and decree dated Jan. 7, 1989 passed by Shri Jagbir Singh Dahiya, Sub Judge IInd Class, Rohtak. The plaintiff filed an appeal in the Court of Additional District Judge, Rohtak, against the above said judgment and decree of the Sub Judge IInd Class, Rohtak.

(3.) The Additional District Judge IV, Rohtak, (Shri V.S. Malik) vide his judgment and decree of March 10, 1990 accepted the appeal of Shri Bansal, set aside the judgment and decree of Jan. 7, 1989 of the Sub Judge IInd Class, Rohtak, and accepted the appeal and decreed the suit.