- (1.) Appellant-Mohinder Singh, has sought modification of the judgment dated 8.8.2008 passed by the District Judge, Faridkot, and to award him pensionary benefits by reckoning his service w.e.f. the date of joining service and not from 1.2.1973 when he started contributing towards C.P.F. for the first time and also to award him interest over the delayed payment @ of 12% per annum. Undisputed factual back ground of the case is that the plaintiff joined service with respondents on 9.8.1971 and retired on 31.12.2004. The department started deducting CPF w.e.f. 1.2.1973. While calculating the retiral benefits, the department calculated the pensionary benefits from the date when he started contributing towards CPF and department also did not pay him any interest on the delayed retiral benefits.
(2.) The suit was contested by the respondents. On the pleadings of the parties, the following issues were framed:- 1. Whether the plaintiff is entitled to declaration and mandatory injunction, as prayed for? OPP 2. Whether the suit is not maintainable, as alleged? OPP 3. Whether the suit is bad for not affixing ad-valorem court fee, as alleged? OPD 4. Relief.
(3.) The trial court decreed the suit in toto. However, the learned District Judge modified the judgment while holding as under:- ...It is held that the pensionable service of the plaintiff has to be reckoned with effect from 1.2.1973 i.e. when he started contributing towards C.P.F. for the first time. The other part of the judgment, passed by the learned tower court, however, need not be interfered with where the learned lower court held the plaintiff entitled to interest over the delayed payment. With the aforesaid modification in the judgment and decree passed by the learned lower court, the appeal filed by the appellants defendants PRTC stands dismissed.;