SMT. SUNDARLATA Vs. CHAIRMAN, MUNICIPALITY, SADULSHAHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellant -plaintiff filed the suit for injunction on the ground that she was appointed on the post of Mohari (typist) vide order dated 8th Oct., 1975 with grade pay 110 -5 -160 -8 -200 -10 -230. Her services were confirmed vide order dated 2nd May, 1977 in the same pay scale. The respondent -defendant is contending that plaintiff -appellant was not appointed on the post of Mohari (typist) and in fact, she was appointed in the pay scale of Rs.90 -150. She has been wrongly paid salary in the pay scale of Rs. 110 -230, therefore, the respondent -defendant is entitled to recover the excess amount paid to the plaintiff. For this, order was passed on 30th July, 1987 by the Executive Officer, Municipal Board, Sadulshahar.

(3.) On the basis of pleas taken by the parties in the trial court, as many as 11 issues were framed. The issue No. 1 was that whether the plaintiff was appointed on the post of Mohari (typist) vide order dated 8th Oct., 1975 in the pay scale of Rs. 110 -5 -160 -8 -200 -10 -230. This issue was decided by the trial court in favour of the plaintiff. The issue No.2 was with respect to the fact that whether plaintiff was confirmed on the said post in the same pay scale and this issue was also decided in favour of the plaintiff by the trial court. Before confirmation of the plaintiff on the post, she was kept on probation was also finding recorded by the trial court. The trial court rejected the defendants' defence that suit is barred by time and decided issue No.7 in favour of the plaintiff. The issue of court fees was also decided in favour of the plaintiff. However, the trial court held that the order dated 21 st Oct., 1981 passed by the Executive Officer, Municipal Board Sadulshahar as well as order of the Executive Officer 30th July, 1987 were legal. The trial court also held that the suit of the plaintiff is not maintainable in view of Sec. 310 of the Rajasthan Municipalities Act, read with Sec. 41H of the Specific Relief Act.