J&K DHARMARTH TRUST COUNCIL Vs. TARA CHAND

JUDGEMENT

(1.) This Civil Second Appeal is directed against the judgment and decree dtd. 24/4/2004 passed by the learned Second Additional District Judge, Jammu in File No.59/Appeal, whereby the appeal filed by the J&K Dharmarth Trust came to be dismissed observing that the trial court has not committed any illegality while decreeing the suit of plaintiff-Tara Chand. The appellant-J&K Dharmarth Trust is also seeking to set aside the judgment and decree dtd. 2/2/2001 passed by the learned Sub Registrar/Munsiff, Jammu in File No.193/Civil, whereby the plaintiff-J&K Dharmarth Trust was directed to settle the claim of plaintiff with regard to payment of pension and gratuity payable to him as per applicable rules.

(2.) The facts-in-brief, as gathered from the file, are that Tara Chand, respondent herein, was appointed as a Pujari on 17/4/1947 in the premises of Reghunath Ji Temple owned and managed by the J&K Dharmarth Trust, appellant herein. It is averred that he came to be promoted as Kotwal in 1968 and Girdawar-cum-Kotwal in the year 1971 and he was to retire in the year 1995 at the age of 65 years. However, in 1993 he requested for voluntary premature retirement and for grant of due pension and emoluments as Girdawar-cum-Kotwal. It is claimed although appellant-J&K Dharmarth Trust admitted the claim of respondent-Tara Chand to pay salary equivalent to 2 " times the pay of pujaries and to pension, but declined to accept his request for pre-mature retirement. Again, in 1994 and 1995, respondent-Tara Chand requested to retire him as he had already attained the age of 65 years, but the appellant-J&K Dharmarth Trust did not accede his request on the ground that his services were needed by the appellant. However, on 31/7/1998 respondent-Tara Chand came to be retired from service at the age of 68 years when he was getting Rs.1670.00 inclusive of salary and allowances.

(3.) The grievance of respondent-Tara Chand is that (i) he had not been given the salary as eligible to him as Girdawar from 1971 to till July 1998 as the salary of Girdawar was 2" times the pay of a Pujari; (ii) that he had not been given the salary of Kotwal from 1968 to 1971 and also allowance for additional charge as Kotwal from 1971 to 1998; and (iii) that he is also entitled to pension and gratuity as he had been working in the grade of Girdawar-cum-Kotwal from 1971 to till July 1998.