BHIM SAIN Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment dated 05.05.2010 passed by learned Addl. District Judge, Barnala whereby the appeal filed by the defendants-respondents (for short 'the respondents') against the judgment and decree dated 11.12.2007 passed by learned Civil Judge (Jr. Divn.), Barnala was partly allowed. Brief facts of the case are that the plaintiff-appellant (for short 'the appellant') was posted as Lecturer Commerce, Govt. Senior Secondary School, Sandhu Patti, Barnala and was promoted as Lecturer in Commerce by way of promotion on 23.12.1995. The pay scale of the appellant was revised as per the policy known as revised pay rules 1998. The appellant was awarded an increment of bunching under PUNJAB CIVIL SERVICES (Revised Pay Rules) 1998 (for short 'the Rules) by the School Principal inadvertantly against the rules and instructions issued by the department (R-1). The appellant did not fulfill the requisite conditions as laid down under Rule 7 of the Rules where a government employee has to complete at least three years service in a cadre (three consecutive stages in pre-existing scale on 01.01.1996) in an existing scale and gets fixed (bunched) in the revised scale on the same very stage on 01.01.1996 The appellant after being promoted as Lecturer on 23.12.1995 completed merely 7-8 days in a Lecturer Cadre on 01.01.1996 and thus does not fulfill the conditions as laid down there for bunching increment. The trial Court decreed the suit of the appellant vide order dated 11.12.2007 and held that letter dated 03.10.2005 is null and void.

(2.) The respondents filed appeal against this order and the appellate Court modified the order of the trial Court by holding that the department can proceed in the matter in accordance with law after giving an opportunity of hearing to the appellant.

(3.) After passing of the above said order, the department considered the claim of the appellant under rules vide order dated 04.06.2010 by affording an opportunity of hearing to the respondent wherein the department has withdrawn the wrong increment of bunching allowed to the appellant earlier by the department inadvertently and the department implemented the appellate court judgment dated 05.05.2010 by its well speaking order dated 04.06.2010 (R-3). The suit filed by the appellant was time barred as he had filed the suit in the year 2006 i.e after a gap of 10 years and further also not sustainable under rules and instructions issued by the department. R.S.A was admitted on 11.09.2012 and thereafter on 22.10.2013, it was directed by this Court that the benefits accruing to the appellant be given to him, as the State has never challenged the aforesaid finding. An affidavit dated 22.01.2014 has been filed by Major Singh, DEO (S) Barnala, a speaking order dated 04.06.2010 has been passed by the department by affording an opportunity to the appellant (R-3) and the department has withdraw the wrong increment of bunching to the appellant. The appellant was served with notice for re-fixation of wrong pay by office letter dated 28.05.2010 and the appellant gave reply to the said notice on 31.05.2010 which was found to be not satisfactory. The pay of the appellant was re-fixed as follow:- <FRM>JUDGEMENT_446_LAWS(P&H)7_2015_1.html</FRM>