RSA No. 275 of 1994 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No. 275 of 1994 Date of Decision: 04.4.2011. The State of Punjab and others .......Appellants Vs. Harcharan Singh ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Satish Bhanot, Addl. A.G., Punjab for the appellants. Mr. Kapil Kakkar, Advocate for the respondent. ..... SABINA, J. Plaintiff had filed a suit for declaration claiming interest on arrears of pay and allowances. The case of the plaintiff in brief was that he was dismissed from service by defendant No.2 w.e.f. 22.11.1977 vide order dated 2.1.1978 on the ground that he had been convicted in a criminal case. On acquittal of the plaintiff, in an appeal, the dismissal order was withdrawn and the plaintiff was allowed to join his duties w.e.f. 6.6.1988. However, the arrears of pay and allowances were not paid to the plaintiff with interest. Defendants, in their written statement, averred that the plaintiff was not entitled to claim any interest as no such direction had been given by the Hon'ble Supreme Court. RSA No. 275 of 1994 -2- On the pleadings of the parties, following issues were framed by the trial Court:- “1. Whether the plaintiff is entitled to the interest on his pay and allowances from 22.11.1977 to the dt. of payment at the rate of 12½% per annum? OPP 2. Whether the order dt. 25.8.1988 is illegal, null and void so far as non payment of interest at the rate of 12½% is concerned? OPP 3. Whether the suit is not maintainable in the present form? OPD 4. Whether the present suit has not been filed within limitation as alleged in the written statement? OPD 5. Whether the notice u/s 80 CPC served upon the defendant by the plaintiff is not legal as alleged? OPD 6. Relief.” Vide judgment and decree dated 20.2.1992, trial court decreed the suit of the plaintiff and held that the plaintiff was entitled to receive the arrears of pay and allowances along with interest @ 12% per annum. The said judgment and decree were upheld in an appeal, filed by defendants, by Additional District Judge vide judgment and decree dated 4.8.1993. Hence, the present appeal by the defendants. After hearing the learned counsel for the parties, I am of the opinion that the instant appeal deserves dismissal. Admittedly, the plaintiff was dismissed from service RSA No. 275 of 1994 -3- vide order dated 2.1.1978. The dismissal order was set aside by the Apex Court vide order dated 22.4.1988 (Ex.P-1). Consequently, the plaintiff was reinstated in service on 6.6.1988. Plaintiff was paid the arrears of pay and allowances but without any interest. Both the courts below, after appreciating the evidence led by the parties on record, have held that the plaintiff was entitled to claim interest on the arrears of pay and allowances. Since, the plaintiff was reinstated in service, he was liable to be paid the arrears of pay and allowances with interest. No substantial question of law arises in this appeal. Dismissed. (SABINA) JUDGE April 04, 2011 Gurpreet