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2008 Supreme(Raj) 2431

PRAKASH TATIA
Sundarlata – Appellant
Versus
Chairman, Municipality, Sadulshahar: – Respondent


Advocates:
For the Appellant:Mr. H.S. Sidhu, Advocate.
For the Respondent:Mr. B.S. Sandhu, Advocate.

JUDGMENT

1. :- Heard learned counsel for the parties.

2. The appellant-plaintiff filed the suit for injunction on the ground that she was appointed on the post of Mohari (typist) vide order dated 8th Oct., 1975 with grade pay 110-5-160-8-200-10-230. Her services were confirmed vide order dated 2nd May 1977 in the same pay scale. The respondent-defendant is contending that plaintiff-appellant was not appointed on the post of Mohari (typist) and in fact, she was appointed in the pay scale of Rs. 90-150. She has been wrongly paid salary in the pay scale of Rs. 110-230, therefore, the respondent-defendant is entitled to recover the excess amount paid to the plaintiff. For this, order was passed on 30th July, 1987 by the Executive Officer, Municipal Board, Sadulshahar.

3. On the basis of pleas taken by the parties in the trial court, as many as 11 issues were framed. The issue no.1 was that whether the plaintiff was appointed on the post of Mohari (typist) vide order dated 8th Oct., 1975 in the pay scale of Rs. 110-5-160-8-200-10-230. This issue was decided by the trial court in favour of the plaintiff. The issueno.2 was with respect to the fact that whether plaintiff was confirmed on the










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