STATE OF PUNJAB AND ORS. Vs. SURJIT SINGH

JUDGEMENT

(1.) C.M. No. 2956 -C of 2015

(2.) FOR the reasons mentioned in the application, same is allowed and delay of 33 days in filing the appeal is condoned.

(3.) SURJIT Singh -plaintiff (respondent herein) was retrenched from Shah Nehar Project on 23.04.1984. Thereafter, he joined RSD Project in January 1985 and retired from there on 30.06.1998. Earlier, the plaintiff -respondent had served in Shah Nehar Talwara from April, 1967 to 28.10.1974 for a period of about seven years. He was getting basic pay of Rs. 680/ - (in the pay scale of Rs. 510/ -, unrevised) plus allowances when he was retrenched from Shah Nehar, Talwara. When he joined the RSD Project, his basis pay was fixed at Rs. 400/ - per month in the pay scale of Rs. 400 -660. Thereafter, a policy was framed to give one increment per two years service at the previous project vide office order No. 7216/18 -5/TDC/81 dated 27.11.1981 and No. 9814 -25 dated 19.09.1989. The plaintiff was given six retrenchee increments and entries in this regard were made in his service book. The defendants -appellants also gave special increments for the excellent work of the employee. After his retirement on 31.12.2003, defendant Nos. 2 to 4 withheld the gratuity and other retiral benefits. No enquiry was pending against him at the time of retirement. Defendants -appellants had issued LPC and NDC to the plaintiff. Consequently, the plaintiff -respondent filed a suit seeking payment of death -cum -gratuity and retiral benefits along with interest at the rate of 18% per annum from the date of retirement till actual realization of the amount.