STATE OF HARYANA Vs. JAGDISH CHANDER

JUDGEMENT

(1.) Present Regular Second Appeal for short 'second appeal' has been filed by State of Haryana and its officers, "hereinafter referred as defendants-appellants" under Sec. 100 of the Code of Civil Procedure, 1908 for short "CPC" against the impugned judgment and decree dtd. 11/6/2007, passed by learned Additional District Judge, Bhiwani, hereinafter referred as 'First Appellate Court", vide which the Civil Appeal No. 385 of 2005 filed by the defendants-appellants was dismissed whereas the Civil Appeal No. 381 of 2005 filed by plaintiff-respondent had been partly allowed against the common judgment & decree dtd. 10/9/2005 passed by learned Civil Judge (Sr. Division), Bhiwani, hereinafter referred as trial Court by holding that the plaintiff-respondent shall be entitled to arrears of pension and pensionary benefits w.e.f. 30/4/2001 instead 30/4/2004 alongwith interest @ 7% per annum.

(2.) Brief facts of the case are that plaintiff-respondent filed a suit for declaration to the effect that he is entitled to get pension, gratuity and enhancement of earned leave with effect from (w.e.f.) 17/4/1976 alongwith interest @ 18% per annum; with further relief of mandatory injunction directing the defendants-appellants to release the pension within two months from passing of the decree.

(3.) Deputy Commissioner, Bhiwani, filed reply on behalf of defendants-appellants and raised preliminary objections inter alia that resignation of the plaintiff-respondent was accepted, vide order dtd. 29/4/1976 after rendering 17 years, 11 months and 28 days of service and, thereafter, the final payment of General Provident Fund (for short 'GPF') amount was made to him. It is further submitted that the plaintiff-respondent while working as Ahlmad-cum-Steno in the Court of Sh. R.S.Jindal, the then Assistant Collector, 1st Grade, Sirsa for short "AC, 1st Grade" and during that period, a case file titled as "Chet Singh vs. Jagjit Singh" was received from Joint Registrar of this Court but the same was misplaced by him. Later on, this file was again requisitioned by this Court and despite several letters and reminders, the file could not be traced out till the date of resignation of the plaintiff-respondent. The plaintiff-respondent was asked many time to trace the file failing which it was made clear that department proceedings as well as an FIR will be registered against him. Therefore, afraid from the department proceedings as well as the police case, the plaintiff-respondent submitted his resignation and which was duly accepted. It is further submitted that according to Rule 4.19 of the Punjab Civil Services Rules, Volume-II for short "CSR, Vol-II", the plaintiff-respondent is not entitled for any pensionary benefits, except GPF and which has already been paid to him without any objection.