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RSA-3781-2006 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA-3781-2006 (O&M)

RAJINDER SINGH

..Appellant

Versus

STATE OF HARYANA & ORS.

..Respondents

Reserved on: 13.11.2025

Date of decision: 28.01.2026

Uploaded on: 31.01.2026

Whether only the operative part of the judgment is pronounced? NO

Whether full judgment is pronounced? YES

CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present: Mr. Anshul Gupta, Advocate

for the appellant.

Mr. Harish Nain, AAG, Haryana

SUDEEPTI SHARMA, J.

1. The present regular second appeal is preferred against judgment

and decree dated 31.03.2004, passed by learned Civil Judge (Senior

Division), Hisar, whereby, the civil suit filed by the appellant was dismissed

as well as judgment and decree dated 22.05.2006, passed by learned

Additional District Judge, Hisar, whereby the appeal filed by the appellant

was also dismissed.

BRIEF FACTS OF THE CASE

2. Brief facts of the case as per the pleadings in the civil suit are

that the appellant/plaintiff was appointed on the post of Horticulture and

Floriculture Instructor by the Director of Industrial Training and Vocational

Education, Haryana, Chandigarh on the recommendations of the Services

Selection Board Haryana vide No. TE/153/22/13087 dated 6-3-1992 and

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accordingly he joined the duties on 20-3-1992 at Vocational Education

Institute, Faridabad. That after joining on the post, the appellant/plaintiff

applied for Station leave from 23-5-1992 but due to unavoidable

circumstances he could not report on duty upto 28-5-1992 and on 28-5-1992

the appellant/plaintiff requested for earned leave but the same was not

granted to him on account of short period of service but later on the Incharge

Vocational Institute Faridabad sanctioned the leave of the appellant/plaintiff

without pay. That further in the month of June due to his ill health,

appellant/plaintiff could not report on duty and requested for leave and also

sent medical certificates to the authorities but the authorities did not

cooperate with him and ultimately he was compelled to submit his

resignation on 5-11-1992 because due to unavoidable circumstances it was

beyond his control to report on duty. That instead of taking any action on the

resignation submitted by the appellant/plaintiff, respondents/defendants

issued charge sheet under rule 8 of Haryana Civil service (Punishment and

appeal) Rules 1987 vide letter TE/180/2/33713 dated 1-12-92 to the

appellant/plaintiff on the allegations that he remained absent on 28-3-1992,

17-4-1992, 20-4-1992, 27-4-1992 and 25-5-1992 to 27-5-1992 and further

alleged that he remained absent from 17-6-1992 to 24-6-1992 and further

from 25-6-92 to 19-8-92 and is absent from duty from 20.08.1992 onwards.

The appellant/plaintiff filed his reply to the charge sheet accordingly. That

since no order was passed on the resignation of the appellant/plaintiff, he

vide letter dated 25-5-1993, requested the respondents/defendants for

withdrawal of his resignation and also requested them to allow him to join

duties. That since the respondents/defendants were not permitting the

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appellant/plaintiff to join the duty despite repeated requests and also did not

pass any order whatsoever against him, he filed civil suit No. RBT 51-C of

1993 on 19-8-1993 in the Civil Court at Hisar. That the said civil suit of the

appellant/plaintiff was dismissed by Ld. Civil Judge (Senior Division) Hisar

on 3-12-1997. The appellant/plaintiff thus preferred an appeal No. 173-CA

on 24.12.1997 against the judgment and decree dated 3-12-1997. The same

was allowed on 3-11-1999 and the judgment of the Ld. Civil Judge (Sr.

Division) was set aside. That it is admitted fact the respondents/ defendants

did not prefer any appeal against the judgment and decree dated 3-11-1999

passed by the District Judge Hisar in favour of the appellant/plaintiff and as

such judgment & decree dated 3-11-99 at