A.N. Jindal, J. - (1.) Under challenge is the judgment dated 13.09.2010 passed by the Additional District Judge, Patiala, dismissing the appeal filed by the defendants-appellant (hereinafter referred as 'the defendants') against the judgment and decree dated 02.02.2009 passed by the Civil Judge (Senior Division), Patiala, decreeing the suit of the plaintiff-respondent (hereinafter referred as 'the plaintiff') for declaration.
(2.) The factual matrix of the case is that the plaintiff had joined the service of the defendants on 18.02.1972 and was promoted up to the post of Sub Inspector in the year 1990. In the year 1997, he was transferred from Patiala to Faridkot. Due to this reason, the plaintiff sought premature retirement and submitted an application dated 11.07.2003 in this regard to the General Manager, PRTC, Faridkot. But, the said application was withdrawn by him vide an application dated 17.10.2003. However, the defendants had accepted his earlier application and retired him from service vide order dated 28.11.2003. The plaintiff challenged the retirement order by filing the suit whereby, besides quashing the order, he sought other benefits, including salary with effect from 01.11.2003 till the date of his retirement i.e. 30.06.2005 along with interest at the rate of 12% per annum and also mandatory injunction directing the defendants to pay him all arrears of the pay for the aforesaid period along with interest. The trial Court decreed the suit of the plaintiff, however, with simple interest at the rate of 6%. Appeal against the aforesaid judgment was dismissed on 13.09.2010.
(3.) This Court, vide order dated 01.06.2011, issued notice of motion only to the limited extent i.e. "whether the plaintiff could be given all the financial benefits including salary etc., till the age of his retirement i.e. 30.06.2005 along with interest at the rate of 6% per annum.";