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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
State of Punjab through Collector District Faridkot – Appellant
Versus
Madan Mohan – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The appellant/defendant-State, being aggrieved by the judgment and decree dated 09.09.1997 of the learned District Judge, Faridkot, which reversed the well-reasoned judgment and decree dated 25.01.1995 of the learned Sub-Judge, 2nd Class, Faridkot, respectfully invokes the appellate jurisdiction of this Court through the present Regular Second Appeal (hereinafter referred to as “RSA”). The appellant seeks restoration of the decree rightly granted by the learned Trial Court and appropriate redress for the substantial miscarriage of justice occasioned by the impugned decree. It is respectfully submitted that the impugned judgment and decree are vitiated by manifest perversity, grave errors of law, and is a fundamentally flawed appreciation of the evidentiary record, resulting in serious injustice..
2. The sequence of events antecedent to, and culminating in, the present appeal may be succinctly stated as follows:-
“It was averred by the plaintiff that he entered the service of the Punjab Government in the year 1969 as an Assistant Pump Driver in the pay scale of Rs. 42–50 and was subsequently promoted to the post of Pump Driver/Operator in the year 197
A suit challenging disciplinary orders is barred by limitation if not filed within three years, and due process must be followed by the employer in disciplinary actions.
A claim for revised pay filed after the limitation period is barred, and a lower court's judgment allowing such a claim without proper consideration of facts is perverse.
Financial upgradation under service rules is strictly anchored to the pay scale of the entry-level post. Furthermore, courts must dismiss civil suits that are filed beyond the statutory limitation pe....
The main legal point established in the judgment is the application of delay and laches, the concept of continuing wrong, and the interpretation of the Limitation Act in employee pay-scale disputes.
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