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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PT.DESRAJ PRABHAKAR – Appellant
Versus
M.C.LUDHIANA AND ORS. – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. The instant Regular Second Appeal has been filed by the appellant/plaintiff impugning the judgment and decree passed by the learned First Appellate Court dated 28.01.1998, whereby the judgment and decree dated 21.04.1995 passed by the learned Trial Court has been set aside and the suit of the appellant/plaintiff has been dismissed. Parties to the lis hereinafter shall be referred to by their original position before the learned Trial Court.
2. The brief facts of the case are that the plaintiff was working as Assistant Superintendent and was posted with the Municipal Corporation, Ludhiana. With effect from 01.07.1977, he was assigned the duties of the higher post of Superintendent, which he continued to discharge upto 06.09.1987. He was thereafter promoted on regular basis to the post of Superintendent with effect from 07.09.1987 and retired as such on 30.09.1988. Subsequently, he instituted a civil suit claiming the pay scale attached to the post of Superintendent from 01.07.1977 to 06.09.1987, which was decreed by the learned Trial Court, vide its judgment dated 21.04.1995 by recording the following findings :-
“ Issues No.1, 2 & 3
6. All these issues are
An employee discharging duties of a higher post is entitled to pay and allowances for that position, regardless of the absence of formal promotion orders. Delay in processing claims does not nullify ....
The refusal to accept a transfer does not negate entitlement to a higher pay scale after the requisite service period, especially when the posts are equivalent.
Officiating in a higher post does not grant entitlement to associated benefits unless the individual meets the promotion criteria.
An employee officiating in a higher post is entitled to the salary for that position, regardless of any conditions stating non-entitlement to higher pay.
Delay in seeking judicial relief can bar claims, especially when the claimant has accepted the status quo for an extended period.
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