STATE OF HARYANA AND ANOTHER Vs. WAZIR CHAND

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 14.12.2004 passed by the District Judge, Sirsa (hereinafter described as 'the First Appellate Court) whereby the appeal of the respondent was accepted, judgment and decree dated 9.12.2002 of Civil Judge (Junior Division), Sirsa (referred to hereinafter as 'the trial Court') were set aside, the suit was decreed and it was declared that the action of the appellants herein in withdrawing the pay scale of Rs. 950-1400/- of the respondent and placing him in pay scale of Rs. 750-950 in July, 1998 was illegal, null & void, against the principles of natural justice. A decree of mandatory injuction was also passed in favour of the respondent and against the appellants to place him in the pay scale of Rs. 1200-2040 w.e.f. 1.5.1990 and to release all the arrears etc. arising therefrom within a period of three months, failing which he was held entitled to recover the same along with interest at the rate of 6% per annum from the date of accrual till final realisation.

(2.) Whether the impugned order of defendant No. 2 placing the plaintiff in the pay scale of Rs. 950-1500 in the month of July, 1998 and then withdrawing the same and placing the plaintiff in pay scale of Rs. 750-940 is liable to be set aside ? OPP

(3.) If the above issues are proved in affirmative, the plaintiff is entitled for relief of mandatory injunction, as prayed for ? OPP