STATE OF PUNJAB Vs. HARISH CHANDER

JUDGEMENT

(1.) Harish Chander, respondent herein filed a suit for declaration that he is entitled to a Class-III post on clerical side on compassionate ground on account of death of his father, Mohan Lal, an employee of the Punjab Roadways. Suit was decreed by judgment and decree dated 8.9.1993 and it was held that plaintiff was entitled to Class-III post of Clerk w.e.f. 20.2.1985, with consequential benefits in terms of pay, allowances and promotion etc. and further a mandatory injunction was granted that the plaintiff be given the post and paid all arrears of pay and allowances w.e.f. 20.2.1985 with interest at the rate of 18% per annum. Appeal thereagainst was partly accepted by the learned Additional District Judge, Faridkot and the judgment and decree passed by the trial court was modified. It was held that the plaintiff will be appointed as Clerk within three months of the pronouncement of the judgment with no reduction in the salary being drawn by him as a Washer Boy and the salary in the scale of Clerk will be adjusted keeping the salary drawn by him as Washer Boy intact. The State still felt aggrieved by the judgment and decree as modified by the appellate court and consequently filed the present appeal which was admitted for final disposal on 20.9.1995. During the pendency of this appeal, the plaintiff took out execution and this prompted the defendant-appellants to move Civil Misc. 1528-C of 1995 for staying the execution proceedings.

(2.) In response to the notice of Civil Misc., plaintiff put in appearance through Shri H.C. Arora, Advocate.

(3.) During the course of hearing in Civil Misc., learned counsel for the parties agreed that the main appeal may itself be taken up for disposal as the dispute raised therein is of a petty nature and the plaintiff is suffering because of the delayed disposal of the appeal.