SATNAM SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) Plaintiff-appellant is before this Court in the instant second appeal seeking modification of the judgments and decrees passed by both the Courts below.

(2.) Satnam Singh, plaintiff-appellant, filed a suit averring that initially he was engaged as a Work Charged Project Sectional Officer in the Provincial Sub Division , PWD (B&R), Mukerian, District Hoshiarpur from August, 1968 to 30/6/1970 before joining regular appointment with the same department. He retired on 30/11/2000 from the post of J.E./EAE(Extra Assistant Engineer) with an unblemished service record. He claimed that he has been denied the benefit of the work charged service rendered by him and it has not been counted towards his pensionary benefits. He pleaded that there was a delay in the release of commutation of pension, leave encashment, gratuity and other retiral benefits. Payment of missing credit of GPF for some months was pending. He filed a suit for declaration to the effect that the entire service from August, 1968 till his superannuation should be counted towards pension and other service benefits along with consequential benefits and interest on the delayed payment. Upon notice, suit was contested by defendants No.1 to 4 and by defendant No.5 by filing separate written statements. In their response, respondents No.1 to 4 submitted that the plaintiff-appellant was appointed as a Project Sectional Officer (Work Charge) vide letter dtd. 13/8/1968 and served from 21/8/1968 to 30/6/1970. A stand has been taken that he was given fresh appointment as Sectional Officer vide letter dtd. 25/6/1970. His pensionary benefits were calculated w.e.f. 1/7/1970 and submitted to the Accountant General (A&E), Punjab on 5/1/2001. It was admitted that leave encashment was paid to him on 25/1/2001, pension was released in March, 2001 due to delay on account of non-conferring of DDO powers on the competent officer. It was further stated that the GPF form was furnished by the plaintiff on 27/1/2001 and payment was made to him on 14/5/2001 and the missing credits of GPF, which work out to Rs.4835.00 will be paid to him. In its separate written statement, respondent No.5, besides taking various objections, submitted that after the pension case was received on 5/1/2001, PPO Certificate and commutation order was issued on 22/2/2001 and there was no delay on its part.

(3.) After the framing of the issues and leading of evidence by the parties, Trial Court by judgment dtd. 15/5/2003, partly decreed the suit of the plaintiff-appellant with costs and directed the defendants to pay simple interest @12% P.A. on the delayed payment of pensionary benefits. The appellant-plaintiff as well as the defendants-State filed separate appeals challenging the judgment and decree of the Trial Court. Both the appeals were dismissed by the First Appellate Court by judgment dtd. 23/1/2004 resulting in the institution of the instant appeal by the plaintiff-appellant.