NACHHATAR SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) This is unsuccessful plaintiff's regular second appeal.

(2.) The plaintiff filed a suit for declaration to the effect that the order dated 3.10.1972 is illegal, ultra vires, against the rules of service, inoperative and not binding upon him and so the plaintiff is entitled to salary, allowance and all benefits available to him as Technicians. It is the case of the plaintiff that while he was working as a Technician under the Department of Industries Punjab at Rural Industrial Development Centre, ' Ramgarh Sardaran, District Ludhiana, was illegally placed under suspension. Subsequently, he was reinstated. But while reinstating him, his two annual grade increments with cumulative affect were stopped. It was further ordered that the plaintiff will not be entitled to receive any pay etc. for the period during which he remained under suspension except the subsistence allowance already received by him and that the period of suspension shall not be considered as duty except for the purpose of pension. This is challenged by the plaintiff before the civil Court.

(3.) The claim of the plaintiff was resisted by the defendants.