MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the plaintiff's regular second appeal against the judgment and decree of the Additional District Judge, Patiala, reversing in the appeal the judgment and decree of the trial Court whereby the suit of the plaintiff was partly decreed.

(2.) Briefly put, the plaintiff filed a suit for declaration to the effect that the order dated 3.11.1979 of Secretary of Government, Public Health Department (Building arid Roads), Health Branch, Chandigarh, endorsed vide Chief Engineer's endorsement dated 16.11.1979, is illegal, ultra vires, null and void, mala fide, unconstitutional and against the principles of natural justice as well as against service rules and regulations governing the service of the plaintiff and so he is entitled to benefit of his previous service rendered in the General Reserve Engineering Force (G.R.E.F.) towards seniority, increment, pension and other benefits, and for mandatory injunction directing the defendants to allow all the benefits of his previous service rendered in G.R.E.F. towards seniority, pension and increment and other benefits arising under the Rules.

(3.) According to the plaintiff, he was appointed as Draftsman Grade-U in G.R.E.F. on 11.1.1965 and was discharged from his previous employment on the afternoon of 1.4.1973. On 2.4.1973 he joined as Assistant Draftsman after having been discharged from his previous employment. The plaintiff represented to the authorities to award the benefit of his previous service in G.R.E.F. towards seniority, increment and pension, which claim was declined by the authorities. It is with a view to get rid of this order that the plaintiff has filed the present suit.