Indermeet Kaur, J.

1. This appeal has impugned the judgment dated 20.02.2006 passed by the court of the Additional District Judge, whereby he had endorsed the finding of the trial judge dated 13.01.2005 decreeing the suit of the plaintiff Sh. Chatar Singh in his favour.

2. The factual matrix of the case is as follows:-

(i) The plaintiff Sh. Chatar Singh is the husband of his deceased wife Smt. Shanti Devi. Smt. Shanti Devi working as a teacher in the MCD had superannuated in June, 1990. She died on 18.09.1997. The plaintiff is her legal heir.

(ii) Smt. Shanti Devi served as an assistant teacher in the Education Department of the District Board, Meerut from 5.10.1951 to 08.07.1968.

(iii) She joined Aggarwal Gindoria Primary School, Baldev Park, Delhi and served there from 09.07.1968 to 02.02.1975.

(iv) She was absorbed in the MCD school from 03.02.1975 to June 1990 which was the date of her retirement.

(v) Services of Smt. Shanti Devi were regular, continuous and without any break.

(vi) Smt. Shanti Devi was not paid her retiral benefits.

(vii) She was constrained to file a civil suit for mandatory injunction against the defendant on 23.08.1991. The suit was decreed on 17.08.1994. Defendant was directed to pay her dues. Defendant did not comply. Execution proceedings were filed. Smt. Shati Devi expired on 18.09.1997. Her husband Sh. Chatar Singh was substituted as her legal heir in the execution proceedings.

(viii) On 16.08.2002, Smt. Shanti Devi was paid pensionary benefits w.e.f. 06.07.1970 up to June 1990. The period prior to 06.07.1970 was not counted as service and she was not given pensionary dues for that period.

(ix) Mr. Chatar Singh gave legal notice to the Department to release the pensionary dues of his deceased wife prior to 06.07.1970, but to no avail.

(x) Present suit was filed.

(xi) The written statement did not dispute the factual dates of the various periods of service of Smt. Shanti Devi. It was stated that Aggarwal Gindoria Primary School, which Smt. Shanti Devi had joined on 09.07.1968 was recognized only w.e.f. 01.05.1969 which was then transferred to the MCD in the year 1975. The services of Smt. Shanti Devi in the Meerut School where she was working as a temporary employee also could not be counted for the purpose of pensionary benefits.

(xii) Trial court had framed four issues. Issue No. 3 is relevant for the disposal of the present appeal. It related to the entitlement of the plaintiff for his claim of the relief of mandatory injunction. While dealing with this issue, the testimony of PW1 and four other witnesses examined on behalf of the plaintiff were considered. Service book of Smt. Shanti Devi Ex. PW 3/2 had substantiated her stand that she had joined Aggarwal Gindoria Primary School on 09.07.1968; further she retired from her service in 1990. DW-1 confirmed the stand of the plaintiff that there was no break in her service.

(xiii) The Trial court relied upon the service record of Smt. Shanti Devi to conclude that Smt. Shanti Devi had spent more than 38 years of her life in service and even if the contention of the Department that Aggarwal Gindoria School was granted recognition only on 01.05.1969 is accepted; Smt. Shanti Devi having joined this school on 09.07.1968, even presuming that this intervening period from 9.7.1968 to 1.5.1969 is excluded, nevertheless taking the earlier service record of the petitioner when she was in service from 05.10.1951 to 08.07.1968 in Meerut, Uttar Pradash, the petitioner would have served for more than the requisite period of 33 years which is required to obtain a full pension, clearly entitling her to the relief as prayed for. Civil Services Conduct Rules (hereinafter referred as the CCS Rules) were held applicable. Suit was decreed in favour of the plaintiff directing the department to pay the pensionary benefits of the Smt. Shanti Devi to the plaintiff for period of her service which had not been counted i.e. from 05.10.1951 to 06.07.1970. Interests and costs were also awarded i