PUNJAB STATE AND ORS. Vs. PIARA LAL

JUDGEMENT

(1.) Punjab State and others have come in Regular Second Appeal against the concurrent judgments and decrees passed by the Courts below in a suit for declaration filed by the plaintiff Piara Lal to the effect that plaintiff is entitled to the service rendered by him in the Department as work charge employee w.e.f. 16.10.1969 except the period of interruption w.e.f. 04.09.1980 to 31.03.1981 as qualifying service towards pensionary benefits i.e. pension, commuted pension, leave encashment, DCRG etc. Mandatory injunction was also sought to the effect that defendants be directed to include the service rendered by the plaintiff as work charge employee for fixing his pay and allowance and release the pensionary benefits along with arrears and interest @ 18% per annum from due date till the date of actual realization.

(2.) The suit was contested by the defendants on the ground that the services of the plaintiff were terminated w.e.f. 04.09.1980, when the work was completed after giving due notice of one month before termination and his services were terminated in accordance with law. Thereafter, plaintiff was appointed as Work Charge Welder on 01.04.1981. Therefore, plaintiff was not entitled to get pensionary benefits and computation of his past services rendered by him from 16.10.1969 to 03.09.1980. No rule or instructions of the Department prescribes such an instruction wherein the service rendered could be counted towards the pensionary benefit prior to the date of termination of services on 03.09.1980. Defendants pleaded that plaintiff was not entitled for computation of service from 16.10.1969 to 31.03.1981 for the purpose of pensionary benefits.

(3.) From the pleadings of the parties following issues were framed by the trial Court: - -