Judgment :

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the impugned judgment and decree dated 1.12.2009 in Regular Second Appeal No.2299 of 2009, passed by the High Court of Punjab & Haryana at Chandigarh, affirming the judgment and decree dated 16.9.2008, passed by the Additional District Judge, Amritsar in Civil Appeal No.122 of 14.6.2006 as well as the judgment and decree dated 23.5.2006, passed by the Civil Judge (Sr. Division) Amritsar in Civil Suit No.275 of 2004, wherein and whereunder the courts have dismissed the suit of the appellant for grant of retiral benefits for not being Government servant.

2. Facts and circumstances giving rise to this appeal are as under:

A. That the appellant had worked in the Army as Truck driver from 26.10.1962 to 10.1.1968. He was subsequently employed as a truck driver in the Fish Farmers Development Agency from 16.7.1980 to 20.5.1998. After being declared surplus, he was absorbed in the Animal Husbandry, Fisheries and Dairy Development, Punjab on 1.6.1998 and stood superannuated on 31.3.2002.

B. The appellant instituted Civil Suit No.275 of 2004 claiming retrial benefits in view of letter dated 20.4.1998 issued by the Govt