- (1.) Under challenge in this appeal is the judgment and decree passed by Shri S.K. Jain, the then District Judge, Karnal vide which he accepted the appeal preferred against the judgment and decree dated 29.4.1985 delivered by Shri Dharam Pal, the then Sub Judge IIIrd Class, Karnal and dismissed the suit of the plaintiff.
(2.) In short, the facts of the case are that plaintiff, now appellant, in this appeal filed a suit for a declaration against the defendants/respondents to the effect that the order dated 7.10.1982 passed by the Commissioner & Secretary, Government of Haryana, Health Department by which his period from 23.2.1980 to 13.7.1980 was treated as absence from duty without leave and the orders dated 18.9.1980 and 8.9.1980 passed by the Director, Health Services, Haryana, Chandigarh by which the H.S.E.B had been asked not to release his unpaid dues and he was asked to deposit one month pay in lieu of notice period as illegal, inoperative and not binding on him.
(3.) The plaintiff averred that he was on deputation with defendant No. 3 from 1.3.1979 to 22.2.1980 and thereafter he was called back by his parent department vide order of Secretary, Government of Haryana, Health Department dated 14.1.1980 and he was posted as Medical Officer, Primary Health Centre, Grora District Mohindergarh. He was relieved by the HSEB on 22.2.1980 afternoon and was to join the new assignment on 3.3.1980. He could not join at Grora. He submitted his joining report alongwith earned leave from 3.3.1980 through registered post to the C.M.O, Narnaul. After that, he resigned from the service on 14.5.1980. His resignation was accepted with effect from 14.7.1980 by the Commissioner and Secretary to Government, Haryana, Health Department, Chandigarh vide order dated 13.7.1981 which was communicated to him vide endorsement dated 10.8.1981. He was not paid the pay and allowances for the period from 23.2.1980 to 13.7.1980. He availed joining time on his transfer to Grora from 23.2.1980 to 2.3.1980 and from 3.3.1980 to 13.7.1980. He remained on leave as his resignation was accepted with effect from 13.7.1980. He has not been paid the arrears accrued to him due to the revision of pay with effect from 1.4.1979. He asked the Government through registered post to release aforesaid arrears but the department has not taken any steps to release the same.;