STATE OF PUNJAB Vs. PIARA LAL

JUDGEMENT

(1.) The State of the Punjab has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 16.10.1995 passed by the Court of Additional District Judge, Patiala who affirmed the judgment and decree dated 20.9.1994 passed by the Court of Senior Sub Judge, Patiala and both the Courts below decreed the suit of the plaintiff-respondents Piara Lal Constable for declaration as prayed for.

(2.) Piara Lal plaintiff-respondent filed a suit for declaration against the State of Punjab and Senior Superintendent of Police, Patiala to the effect that his retirement age was 60 years and orders dated 29.11.1988 by which he was retired at the age of 58 years was illegal, ultra vires, unconstitutional, mala fide, null and void, against principles of natural justice and against the service rules and regulations. His main case was that he joined the services in the erstwhile Pepsu State on 22.7.2006 BK (4.11.1949) and his date of birth is 1.12.1930. He was retired by the Senior Superintendent of Police, Patiala vide office order dated 29.11.1988 which order is illegal. He ought to have been retired at the age of 60 years.

(3.) The suit was contested by the State which has just tried to justify the order by stating that at the time of the passing of the order, the plaintiff was Class III employee being a constable. After the merger of Pepsu with the State of Punjab, the plaintiff's services are to be governed by the Punjab Police Rules and as such the impugned order dated 29.11.1988 is legal. The State also took the other legal pleas.