- (1.) CM No. 7537-C of 2012 For the reasons mentioned in the application, same is allowed and delay in re-filing of the appeal is condoned. Regular Second Appeal No.2811 of 2012 (O&M). The trial court vide judgment dated 13 th of October, 2008 dismissed the suit of the plaintiff whereas appellate court vide judgment dated 19 th November, 2011 partly accepted the appeal and granted the following reliefs :- (i) The plaintiff is entitled to arrears of pay after pay fixation as on 23 rd of June, 1993 alongwith interest at the rate of 12% per annum with effect from the date of amount due till the date of actual payment; and, (ii) He is also entitled to interest at the rate of 12% per annum on the delayed disbursement of the retiral benefits with effect from the date of retirement till the date of actual payment.
(2.) The reliefs which were declined by the first appellate court are as under :- (i) He is not entitled to selection grade of Rs.1200- 1840/- with effect from 10 th October, 1983 and in the grade of 3700-5700/- with effect from 1 st January, 1986; (ii) He is also not entitled to three months salary during notice period before the date of his retirement; and, (iii) He is also not entitled to leave encashment and refixation of his pension.
(3.) Appellant Ved Parkash Sharma averred that he was appointed as a Lecturer in Geography in Punjab Education Services (Class-III) in the pay scale of Rs.200-500/- and posted in Govt. College, Narnaul, where he joined duty on 10 th October, 1958. He was confirmed in service with effect from 1 st March, 1964 and placed in the scale of Rs.300-600/-. Thereafter he was promoted as Senior Lecturer in Punjab Education Services (II) (Senior Scale) College cadre in the time scale of Rs.400-800/- with effect from 13 th December, 1971 which date was later changed to 26 th October, 1967 and he drew his arrears of elevation to this higher pay scale. In the year 1976, he was transferred from Government College, Ropar to Government College, Ludhiana, where he served from 9 th August, 1976 to 2 nd March, 1978. The Principal, Government College, Ropar did not forward in time his Last Pay Certificate and Service Book to the Principal, Government College, Ludhiana. Resultantly, he was denied increment and was given less pay at the rate of Rs.120/- to Rs.200/- per month throughout his stay in Government College, Ludhiana and also in other Government Colleges where he was transferred later on till December, 1989.;