JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CM No. 14592-C of 2014

(2.) Upon notice, the defendant/appellant filed his written statement, whereby he had denied all the averments and had also stated that no recovery should be made from retiree without his or her consent under the Rules and if there is no consent, the suit has to be filed by the department for recovery within a period of 4 years from the date of accrual of cause of action. Thus, prayer was made for dismissal of the suit.

(3.) Replication was filed wherein the entire contents of the plaint were reiterated and those of the written statement were denied. From the pleadings of the parties issues were framed. Both sides lead their evidence and after appreciating their evidence learned Civil Judge(Sr. Divn.) Sri Mukatsar Sahib vide its judgment and decree dated 18.2.2013 decreed the suit of the plaintiff and the findings thereof were affirmed by the learned Additional District Judge, Sri Mukatsar Sahib vide judgment and decree dated 4.8.2014.