AJMER SINGH Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) Feeling aggrieved against the judgment of reversal passed by the learned first appellate court, Bathinda, whereby the first appeal of the defendant was allowed dismissing the suit for declaration, plaintiff has approached this Court by way of instant appeal. Brief facts of the case, as recorded by the first appellate court in its impugned judgment, are that the plaintiff retired as Octroi Clerk on 30.11.2000. The pensionary benefits of the plaintiff were not released and he filed a CWP No. 19485 of 2001 before this Court. This Court disposed of the Writ Petition on 13.12.2001 and ordered the payment of retiral benefits within one month but defendant No. 3 and Deputy Director, Local Govt., Bathinda did not take any action. The plaintiff again approached this Court through COCP No. 735 of 2002, filed against Deputy Director, Local Govt., Bathinda and the Executive Officer, Municipal Council, Maur Mandi, vide its resolution No. 100 dated 4.6.2001 had resolved that payment of retiral benefits be given to the plaintiff. Another resolution No. 276 dated 3.2.2003 was passed and the amount was allowed to be paid through instalments. The plaintiff received the amount as below:-

(2.) In the written statement of defendants No. 1 & 3, legal objections were taken that the court had no jurisdiction to try and decide the suit; that the plaintiff had no cause of action; that the suit was bad for misjoinder of parties namely State of Punjab through District Collector, Bathinda; that the suit was hopelessly time barred. On merits, it was not denied that the plaintiff retired as Octroi Clerk on 30.11.2000. It was admitted that the plaintiff filed a writ petition before this Court. It was also not denied that a Contempt of Court Petition was also filed by the plaintiff but it was stated that this Court never ordered for making any payment of interest. Municipal Council has made the payment in detail as per the entire satisfaction of the plaintiff. Now the plaintiff after receiving the payment upto 31.3.2004, has illegally and with malafide intention is demanding interest thereon.

(3.) On completion of pleadings of the parties, following issues were framed by the learned trial Court:-