1.

The present regular second appeal has been filed against the

judgment and decree dated 16.05.1997 passed by the Lower Appellate Court

by which, the judgment and decree dated 13.01.1997 passed by the Trial

Court has been set-aside and the suit filed by the respondent-plaintiff has

been allowed.

2.

Certain facts needs to be mentioned for correct appreciation of

the issue in hand.

3.

The respondent-plaintiff joined the Government of Haryana

after being retired from the armed forces where he worked from 29.06.1963

to 10.12.1978 and also services rendered with the Government of Haryana

and keeping in view the services rendered by the respondent-plaintiff, his

pay was fixed. While fixing the pay of the respondent-plaintiff, the services

rendered by him in the armed forces as well as on ad-hoc basis was taken

RIYA

2024.01.30 16:47

I attest to the accuracy and

integrity of this document

RSA-2769-1997 (O&M)

-2-

2024:PHHC:009243

into account.

4.

Without giving any opportunity of hearing to the respondent-

plaintiff, the order fixing the pay of the respondent-plaintiff was withdrawn

and the pay was reduced to the determ