STATE OF PUNJAB Vs. GURBARAN SINGH

JUDGEMENT

(1.) Defendants are in second appeal challenging judgmentdecree dated Dec. 23, 2014 passed by the lower appellate court, whereby, appeal filed by the appellants has been dismissed and judgmentdecree dated Nov. 16, 2012 passed by the trial court has been upheld, whereby suit filed by the respondent - plaintiff seeking declaration and Mandatory injunction has been decreed to the effect that he is entitled to get pensionary benefits from the due date i.e. w.e.f. April 01, 1986 and the defendants have been directed to pay pensionary benefits such as pension, leave encashment etc. alongwith future interest @ 9% per annum from the date of decree.

(2.) While assailing the impugned judgmentsdecrees passed by both the courts below, learned State counsel for the appellants has vehemently argued that the same being against law and facts, are liable to set aside. Principle of natural justice has been violated in the matter involving civil consequences and prejudiced the State against whom an order has been passed. The trial court failed to provide sufficient time to the defendants -appellants to file written statement and to lead evidence. As per Rule 7.5(1) of Punjab Civil Services Rules, Volume -1, Part 1 (for short, 'Rules'), retiral benefits are not admissible to a Government employee who resigns from service. Learned counsel has prayed for setting aside of the judgmentsdecrees passed by the courts below.

(3.) On the other hand, learned counsel for the respondent contended that judgmentsdecrees passed by the Courts below are absolutely in consonance with the facts and settled proposition of law. Each and every aspect of the case has been taken into account while rendering the decisions. The defendants had filed two appeals against the decision rendered by the trial court. First appeal was dismissed as withdrawn. At the time of withdrawal of the previous appeal, no liberty was granted to file the second appeal. Learned counsel further contended that respondent has completed more than ten years of qualified service and as such, he is entitled to pensionary benefits.