CHATTAN PHUNTSOG Vs. STATE OF J&K

JUDGEMENT

(1.) THIS civil first appeal is directed against the judgment and decree dated March 28, 1969, of the learned Additional District Judge, Srinagar, dismissing the plaintiff -appellants suit for Rs. 11,600/ - on account of the arrears of pay and pension.

(2.) THE plaintiff who is a permanent resident of Ladakh, a township situate in the northern frontiers of the State, joined the service of the Revenue Department of the State as a Patwari on Sawan 11, 1979 (Bikrami), July 23, 1922 (AD). In December 1948, after he had served as Siah Nawis, Girdawar, Office Qanungo, and Sadar Qanungo, he was promoted as Naib Tehsildar and on January 16, 1949, he was appointed as Tehsildar in the leave arrangement of Shri Mohamad Akbar Khan and worked as such till October 25, 1950. By virtue of Cabinet order No. 1181 -C of 1950 dated October 25, 1950, he was transferred to the Department of Information and Broadcasting and ported as Information Officer, Ladakh. He assumed charge of his new position on October 27, 1954 (See Ex. PA) and worked in that capacity till June 30, 1951, on which date the Director General Information and Broadcasting. vide his No: IB -C/2059 -63/51 dated June 30, 1951 (Ex. PB) asked him to proceed on leave of whatever kind due to him. In obedience to this order, the plaintiff who was a permanent employee of the State proceeded on leave. Even after the expiry of the leave due to him, he was not recalled to duty and no order of his posting was passed till Baisakh 1, 2009, corresponding to April 13, 1952 on which date the post of the Information Officer, Leh, was abolished by the Government. After the abolition of the post, the plaintiff was not provided with any alternative job. He, therefore, made a representation to the authorities praying that he be recalled to duty and provided with a suitable job, but no heed was paid to his request. On Sawan 11, 2009: July 23, 1952, he made an application (Ex. PD) requesting that as he had completed 30 years of Service and had neither been recalled to duty nor provided with an alternative job he be retired and granted pension to which he might be entitled under rules. No orders were passed on this request as well. Considering himself to have retired from service with effect from Sawan 11, 2009 (Bikrami) July 23, 1952 the plaintiff gave a notice (Ex. CWI) on May 24, 1961 to the Chief Secretary to the Government calling upon him to pay to him Rs. 3500/ - on account of arrears of his pay and allowances from Har, 2008, to Sawan 11, 2009, at the rate of Rs. 262/8/ - per month and Rs. 8100/ - as pension from Sawan 11, 2009, to Sawan 11, 2018: July 23, 1961. As the notice failed to evoke any response, he filed a suit for the recovery of Rs. 8100/ - on Deceber 18, 1961 in the court of the then District Judge, Kashmir, who transferred the same to the court of the Additional District Judge, Srinagar, for disposal according to law.

(3.) THE suit was resisted by the defendant inter -alia on the ground that the pension could not be claimed as a matter of right, that the conduct of the plaintiff during the period be held the office of the Information Officer, Leh, was continuously bad, that he was sent on forced leave in connection with the investigation of complaints against him, that he had proceeded on voluntary retirement from Sawan 11, 2009, that the amount claimed by the plaintiff as arrears of pay and allowances was not paid to him as Rs. 711/ - invalidly drawn by him had not been refunded by him to the State and that in any event the claim for arrears of pay was time barred and could not be decreed. The service of notice under Section 80, C. P. C. on the government was not admitted on the ground that the same, was not forth -coming from the record. There was however, no specific denial of the service of the notice.