STATE OF PUNJAB AND ANOTHER Vs. DARSHAN SINGH

JUDGEMENT

(1.) Feeling aggrieved against the judgment and decree dated 27.1.2007 passed by Additional District Judge (Ad hoc), Jalandhar, reversing the findings recorded by the trial Court, the appellants-State of Punjab have filed the present appeal praying for acceptance of the appeal and restoration of the judgment and decree sheet dated 4.10.2006 passed by the learned trial court resulting in dismissal of the suit filed by the plaintiff-respondent.

(2.) The facts required to be noticed for the disposal of the appeal are that a suit for declaration was filed by the plaintiff-respondent, to the effect that the order dated 10.7.2001 passed by the General Manager, Punjab Roadways, Depot No. 2, Jalandhar, whereby plaintiff-respondent was retired prematurely from service on medical grounds, is illegal, arbitrary and against the principles of natural justice as also against the Punjab Civil Service Rules and the mandatory provisions of Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short "the Act") and is thus not binding on the rights of the plaintiff-respondent and that the plaintiff-respondent continues to be in service till his actual date of retirement on superannuation, refixation of his pay and retiral benefits and is entitled to recover the difference in pay for that period along with interest at the rate of 12% per annum till payment.

(3.) The learned trial Court after framing necessary issues and evaluating the entire evidence available on the record of the case, dismissed the suit of the plaintiff. Feeling dissatisfied, the plaintiff-respondent preferred an appeal before the learned lower appellate authority, which was allowed, setting aside the judgment and decree passed by the trial Court and decreeing the suit filed by the plaintiff-respondent. It is against this judgment and decree passed by the lower appellate authority that the State of Punjab and another came up in appeal before this Court.