- (1.) Jagdish Chander plaintiff-appellant joined as a teacher in District Board School Jhej and Barju in the scale of Rs. 50-100. He served that school up to 30.9.1957 against a substantive post and was granted usual increments. On 1.10.1957, the services of the appellant were provincialised. He retired on 31.5.1983. He brought Civil Suit No. 307 of 1986 instituted on 3.3.1986 against the State of Punjab and others for a decree of declaration to the effect that he was entitled to pension and other benefits for the period with effect from 2.7.1953 to 30.9.1957 i.e. prior to the provincialisation of the services with 12% interest from due date.
(2.) The suit was contested on behalf of the respondents. Their case is that the plaintiff had retired as a provincialised teacher The Punjab Government vide its letter dated 29.11.1973 extended the benefit of service to the employees of the local body schools who started contribution towards contributory General Provident Fund from the date of confirmation or the date of actual contribution, whichever is later. Confirmation was the criteria for giving the benefit of District Board Service towards pensionary benefits. The plaintiff was not confirmed under the District Board and as such he was not entitled for the benefit of service rendered under the District Board prior to 30.9.1957.
(3.) Parties fought litigation on the following issues: (1) Whether the plaintiff is entitled to the pensionary benefits from 2.5.1953 to 30.9.1957? (2) Whether the suit is not maintainable in view of Pension Act? Learned trial Court dismissed the suit of the plaintiff vide its judgment and decree dated December 1, 1988. Feeling aggrieved, the appellant filed Civil Appeal No. 133 of 16.1.1989/5.5.1990 which was also dismissed by Shri A.S. Sodhi, Additional District Judge, Hoshiarpur, vide his judgment and decree dated May 4, 1991, It is that judgment and decree of the first Appellate Court which has been appealed against by the plaintiff and which requires my examination of its sustainability.;