KUNDAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both the second appeals i.e. RSA Nos. 2102 of 1989 and 2245 of 1989 are being decided by a common judgment as both arise from same common judgment. Plaintiff - Kundan Singh filed a suit for declaration to the effect that the impugned orders passed by defendant No. 2 by virtue of which the punishment of withholding of various annual grade increments with cumulative effect and reduction to time scale were imposed on the plaintiff, are illegal, unlawful, ultra vires and against the principles of natural justice. The trial Court partly allowed the suit and declared the orders dated 30.01.1974, 03.03.1978, 05.05.1978 and 28.09.1985 illegal, null and void and the plaintiff is entitled to all the benefits. However, the suit of the plaintiff qua order dated 01.02.1979 was dismissed. The respondents-defendants preferred an appeal which has been partly allowed by the learned Additional District Judge, Gurdaspur and suit qua orders dated 30.01.1974 and 05.05.1978 was also dismissed vide judgment and decree dated 15.03.1989. Along with said appeal, cross-objections were also filed by plaintiff-Kundan Singh which have also been dismissed by the learned lower appellate Court by a common judgment and decree. Both the aforementioned two second appeals have been filed one by plaintiff-Kundan Singh and the other by the defendants - State of Punjab.

(2.) At the time of admission of this appeal, no substantial question of law was framed nor it has been brought on record at this stage.

(3.) I have heard learned counsel for the parties on merit since the matter remained admitted since 1989.