SECRETARY EDUCATION AND OTHERS Vs. JAYABANTI DEVI WIFE OF LATE SH DESH RAJ DECEASED THROUGH HIS LEGAL HEIRS

JUDGEMENT

(1.) Order under challenge in this petition is dated 24.09.2016, whereby learned Additional District Judge-I, Kangra at Dharamshala has dismissed the application under Section 5 of the Limitation Act filed by the petitioners (hereinafter referred to as the 'defendants') for seeking condonation of delay as occurred in filing appeal against the judgment and decree dated 29.03.2012 passed by learned Civil Judge (Junior Division), Indora, District Kangra, H.P. in Civil Suit No. 117/2010 and as a result thereof the appeal so preferred was also dismissed being time barred.

(2.) The original plaintiff is Jayabanti. She died during the pendency of this case before learned lower appellate Court and substituted by the present respondents (hereinafter referred to as the 'plaintiffs'). The predecessor-in-interest of plaintiffs is Desh Raj, who was working as Teacher in a privately managed school, which was taken over by the State Government on 21.4.1971. His services were not taken over. He approached the respondents for his appointment as JBT Teacher on the basis of his meritorious record in the school. He, as such, was appointed as JBT Teacher. After attaining the age of superannuation i.e. 58 years, he stood retired on and w.e.f. 10.07.1975, however, without payment of retiral benefits such as pension, gratuity and PF etc. The matter remained under consideration with the defendants. Consequently, he was appointed as JBT/SV Teacher vide letter No. 269 dated 18.09.1981 and his services were taken over on and w.e.f. 21.04.1971, on getting new post of SV Teacher created in the school from that date. The retiral benefits, however, not released at the pretext that deceased Desh Raj had rendered less than five years of service; therefore, as per Rules, he was not entitled to pensionary benefits or other retiral benefits. In this backdrop, deceased plaintiff had filed the suit for declaration to the effect that her husband Desh Raj was entitled to all pensionary benefits on his superannuation and the defendants were sought to be directed to release GPF subscription and other pensionary benefits in her favour being his widow.

(3.) The suit was tried and decreed vide judgment and decree dated 29.03.2012, Annexure P-6 to this petition.