- (1.) This second appeal is directed against the judgment and decree of the first appellate Court reversing on appeal those of trial Court and dismissing the suit of the plaintiff for a declaration to the effect that he was entitled to the benefit of war services. The facts :-
(2.) The appellant/plaintiff joined as Commercial Clerk in the Railways on August 16, 1953 and continued as such till January 8, 1968 in the pay scale of Rs. 60-150. Thereafter, he was promoted and posted as Head Booking Clerk in the pay scale of Rs. 300-500. The old pay scale of the post of Booking Clerk was Rs. 150-240 and he was drawing a basic pay of Rs. 452/-. He had ex- experience of war service from July 31, 1940 to June 1946 (5 years 10 months and 16 days). His military services were to be counted for the purpose of seniority, fixation of pay and promotion, etc. in the Railways. He was denied the benefit of war services. He suffered a loss of six increments on account of ignoring his claim for war service benefits. Sarvshri Harmohinder Singh and K. Audiseshan, who were similarly situated, I moved the Delhi High Court for identical relief as claimed by the petitioner in Civil Writ Petition 148-D of 1988 and they were given the benefit of war services. 2A. The respondents in the written statement admitted that the plaintiff served the Royal Indian Army from July 31, 1940 to July 16, 1946. It was, however, stated that the plaintiff was not recruited against the vacancies reserved for War Service candidates and he was not entitled to the benefit of war services. He was recruited at higher pay scale than normally admissible under the Rules after giving him the benefit of war services and as such, no further benefit could be granted to him. It is also stated that by giving the benefit of war services, his pay should have been fixed at Rs. 55/-, but in fact he was appointed in the pay scale of Rs. 60-150 and thus no further benefit is available to him.
(3.) From the pleadings of the parties, the following issues were framed :- 1. Whether the plaintiff is entitled to the credit of War Services for the period of five years, 10 months and 16 days since 16.8.1953 on the grounds alleged in the plaint with benefit accruing out of the same ? 2. Whether the suit is not maintainable in the present form ? 3. Whether the defendants have not been served with valid notice under section 80, C.P.C. ? 4. Whether the civil court has no jurisdiction to try the suit ? 5. Whether the suit has not been properly valued for purposes of Court- fee and jurisdiction ? 6. Whether the plaintiff has no cause of action ? 7. Whether the suit is barred by time ? 8. Relief.;