STATE OF PUNJAB AND OTHERS Vs. JANGIR SINGH

JUDGEMENT

(1.) State of Punjab and its officers have filed the present Regular Second Appeal against the impugned judgment and decree dated 01.09.2003, passed by learned District Judge, Bathinda, vide which their first appeal has been dismissed and the judgment and decree dated 10.01.2003, rendered by learned Senior Civil Judge (Sr. Division), Bathinda, thereby decreeing a declaratory suit filed by the plaintiffrespondent and holding him entitled for fixation of his pay @ Rs. 1800 per month w.e.f. 11.06.1990 i.e. date of joining on the post of constable along with benefit of arrears of pay and pension to the extent of 38 months before the filing of the suit, has been upheld.

(2.) Brief facts of the case are that the plaintiff-respondent filed a suit for declaration to the effect that he is entitled for counting of his military service rendered during emergency as per the Punjab Government National Emergency (Concession) Rules, 1965 (for short "Rules of 1965") for fixation of his pay under Rule 7.20 of the Punjab Civil Services Rules, Volume-II, Part-II, (for short "CSR") at Rs. 1800/- (Rupees Eighteen Hundred) per month, w.e.f. his joining as constable in Punjab Police i.e. 11.06.1990, instead of Rs. 1000/- p.m., arrears of pay and revised pensionary benefits along with interest @ 24% per annum and all consequential service benefits.

(3.) Defendants-Appellants filed their written statement and raised preliminary objections to the effect that the suit is time barred and thus deserves to be dismissed. It was also raised in preliminary objection No.3 that the plaintiff is estopped from filing the present suit as he joined his service as constable in Punjab Police on 11.06.1990 and retired on 28.02.2001 and during all this period he had been accepting the pay, which was legally admissible to him and he cannot be allowed to raise the plea of fixation of pay at this stage.