- (1.) Present appeal, at the hands of defendants, is directed against the concurrent findings recorded by both the learned courts below, whereby suit for declaration filed by the plaintiff-respondent, was decreed.
(2.) Brief facts of the case, as noticed by the learned first appellate court in para 2 and 3 of the impugned judgment, are that plaintiff filed a suit for declaration to the effect that he was entitled to get payment of retiral benefits of his service after superannuation including his temporary service alongwith interest @ 18% per annum from the date of superannuation till date of payment with consequential relief of mandatory injunction directing the defendants to make the payment of retiral benefits of his service including temporary service alongwith interest @ 18% per annum. It was averred by the plaintiff that he was appointed as Chowkidar on daily wages in HUDA under defendant No.2 in the year 1988, the services of the plaintiff was regularised in the year 1997. Plaintiff worked under defendant No.2 upto 31.12.2007 as Chowkidar till the date of his attaining the age of superannuation. Plaintiff retired on the said date in the afternoon from the office of defendant No.2. Plaintiff was initially appointed in the year 1988 and thereafter his services were regularized in the year 1997 and after regularization of services, plaintiff attained the age of superannuation on 31.12.2007. During the period from 1997 to 2007 i.e. after regularization of his services, the plaintiff was not even granted benefit of annual increment.
(3.) A period of more than 9 months has elapsed but plaintiff had not been paid any benefit of his retirement, so far i.e. payment of pension, gratuity, leave encashment and provident fund etc. Plaintiff got served a legal notice dated 22.9.2008 through his counsel but defendants have not replied the same.;