HARDAYAL Vs. THE STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgments and decree dated 15.1.1988 and 25.11.1992 passed by the learned courts below dismissing the suit filed by the plaintiff/appellant for mandatory injunction directing the defendants to pay arrears of pension, future pension, gratuity amount, arrears of fixed medical allowance and house rent as well as balance of enhanced dearness allowance along with unpaid monthly pay for the services rendered by the plaintiff as an employee of the defendants.

(2.) THE plaintiff brought a suit on the pleadings that he initially joined service of Government Works Centre, Rajpura on 1.5.1951 and he was compulsorily retired on 1.12.1982 while he was posted as senior technician and was posted as Master Craftsman. The plaintiff claimed that he was confirmed on the post of senior technician before his retirement. He was allowed leave period from 1.4.1979 to 30.12.1979 and then long leave from 5.2.1980 to 5.10.1980 and other leave periods from time to time. He was compulsorily retired due to his absence from duty and thus, he became entitled to all the benefits of service as his period was regularized by the defendants.

(3.) IT was also claimed that other benefits were paid to him but he had not applied for encashment of earned leave of 12 days which were due to him at the time of retirement so the same was not paid. Thus, it was not disputed that he was entitled to the same.