RSA No. 1415 of 2019 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(246)

RSA No. 1415 of 2019 (O&M)

Date of Decision : 30.01.2023

State of Punjab and others

...Appellants

Versus

Lekha Rani

...Respondent

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Gurvinder Singh, Assistant Advocate General, Punjab

for the appellants.

Mr. Brijeshwar Vashist, Advocate and

Mr. Tarunveer Vashist, Advocate for the respondent.

***

Harsimran Singh Sethi J. (Oral)

The present regular second appeal has been filed impugning the

judgment of the lower appellate court dated 15.11.2018 by which, the

judgment dated 29.11.2014 passed by the trial court dismissing the suit

filed by the respondent-plaintiff was set-aside.

Certain facts need to be mentioned here so as to appreciate the

controversy in the correct perspective.

While implementing the recommendation of the Pay

Commission w.e.f. 01.01.1996, the pay of the respondent-plaintiff was also

fixed by the department without there being any input from the respondent-

plaintiff. In the year 2011, it was found by the department that the pay of

the respondent-plaintiff was wrongly fixed, which was sought to be