STATE OF PUNJAB AND ANOTHERS Vs. JAGIR SINGH

JUDGEMENT

(1.) The defendants being aggrieved against the judgment and decree dated 22.3.1986 passed by the Additional District Judge, Gurdaspur whereby he partly accepted the appeal, have filed this Regular Second Appeal.

(2.) The plaintiff, respondent herein, filed a suit for a declaration that 11 orders as mentioned in the head note of the plaint, inflicting punishment of stoppage of increments with cumulative effect and forfeiture of previous service passed by respondent No. 2 were nul and void, ineffective, unconstitutional, against the principles of natural justice, in violation of service rules, without jurisdiction, cryptic, unwarranted, non-speaking with consequential relief that he was entitled to all the benefits of service including pay and other allowances.

(3.) The brief facts are that the plaintiff was working with defendant No. 2 as a Conductor. He joined the post in the year 1967 and at that time his scale of pay was Rs. 110-4-130-5-200. His service conditions were governed by the Punjab Civil Services Rules, he being an employee of the Punjab Roadways Department. The pay scales of the Conductors were revised in the year 1980 with effect from January, 1978 but at that time his pay was fixed in the junior pay scale wrongly while the pay of his juniors was fixed in the higher pay scale. He represented to defendant No. 2 for fixation of his correct pay but on inquiry he came to know in the year 1980 about the passing of the above 11 orders. No communication about these orders was given to him. No departmental inquiry was held against him. In some of the cases, he was served with illegal show cause notice. No reasonable opportunity had been given to him before passing the impugned orders.