R.S.A. No. 4635 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 4635 of 2010 (O&M) Date of Decision: January 28, 2011 Pepsu Road Transport Corporation, Patiala, through Its Managing Director. …..Appellant Vs. Subhash Chander …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.G.S. Gill, Advocate for the appellant. -.- M.M.S. BEDI, J. (ORAL) For the reasons mentioned in the application, the delay in re- filing of the appeal is condoned. Suit of the plaintiff- respondent for declaration that the action of defendant- appellant Corporation fixing the pay of the plaintiff- respondent w.e.f. April 1986 at ` 1125/- instead of ` 1150/- and the order R.S.A. No. 4635 of 2010 (O&M) [2] changing the date of increment from November each year to that of April each year was illegal, stands decreed by the Courts below. Counsel for the appellant Corporation has vehemently contended that the plaintiff- respondent was not entitled to the basic pay of ` 1150/- as ordered by the Courts below on account of the fact that he had remained absent for a duration w.e.f. June 25, 1979 to April 29, 1980. After hearing counsel for the appellant, I am of the considered opinion that in case the plaintiff- appellant had remained absent from duty for the abovesaid period, he could be penalized only after initiating disciplinary proceedings against him in accordance with law. In view of the plaintiff- respondent having not been penalized in accordance with the procedure of law, I do not find any ground to interfere in the concurrent finding of fact regarding the entitlement of the plaintiff- respondent for the basic salary of ` 1150/- w.e.f. the date demanded by him. Dismissed. January 28, 2011 (M.M.S.BEDI) sanjay JUDGE