STATE OF PUNJAB Vs. S BHAGWAN SINGH GREWAL

JUDGEMENT

(1.) THIS is a defendant's appeal against the decree of the learned Subordinate judge, First Class, Patiala, decreeing the plaintiff's suit.

(2.) BHAGWAN Singh Grewal, plaintiff, was at the time of the formation of PEPSU the employee of the Patiala State and he continued to serve there till 7th of september, 1954. He was integrated as Head Assistant in the Health Department of PEPSU State with effect from 1-9-1948, vide their order dated 29th of October, 1956. He retired on superannuation pension with effect from 24-1-1959. On 13th of March 1948, he was drawing Rs. 74 per mensem in the grade of Rs. 70--4--90. The PEPSU Government revised the pay of its employees in 1948. Consequently, the Accountant-General, Punjab, Simla, fixed the plaintiffs pay at Rs. 88 per month in the grade of Rs. 80--8--220 with effect from 1-9-1948. According to the plaintiff, his next annual increment raising his pay from Rs. 88 la Rs. 96 per mensem fell due on 13th of March, 1949 under the PEPSU Revision of Pay Rules. Thus, he earned his next increment raising his pay to Rs. 104 per month with effect from 13th of March, 1950 in the aforesaid scale. However, the Accountant-General, Punjab, erroneously decided that he was only entitled to Rs. 100 per mensem in the revised scale of Rs. 100--10--250 with effect from 1-3-1950. Under the PEPSU Home Department order dated 21-4-1952, according to the plaintiff he was entitled to a pay of Rs. 110 per month in the revised scale of Rs. 100--10--250 with effect from 13-3-1950, as he was already entitled to Rs. 104 per mensem from 13-3-1950 in his previous grade of RS. 80--8--220. The decision of the Accountant-General, Punjab, therefore, caused a great loss to the plaintiff in his pay, pension and gratuity. On the plaintiff's representations, the Punjab government, with which in the meantime PEPSU State had been integrated, fixed his pay at Rs. 110 per mensem with effect from 13-3-1950, the next increment falling due on 13-3-1951, and necessary sanction in that behalf was conveyed by the Secretary to Government, Punjab, Medical and Public Health Department, to the Director of Health Services, Punjab, on 13-2-1961. The plaintiff was informed about this order of the Government by the Malaria Officer. Patiala, to whom the sanction was conveyed by the Director of Health Services, Punjab. But, in spite of this, according to the plaintiff, he had neither been paid his arrears of pay, grautity and pension in accordance with this order, nor had his pension been fixed at Rs. 90. 32 per mensem from the date of his retirement, viz. . 24-1-1959 That necessitated the filing of a suit in April, 1962, out of which the present appeal has arisen. The relief claimed by him against the State of Punjab was that he should be given a decree for the recovery of Rs. 4,109. 88, with interest at the rate of 6 per cent per annum on the decretal amount from the date of the institution of the suit till the realisation of the amount, as follows:-

(3.) THE suit was resisted by the State oi Punjab on a number of pleas which gave rise to the following issues: