IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M. No. 9491-C of 2008 and RSA No. 3182 of 2008 Date of decision: 6.2.2009 Executive Engineer, Sirhind and others … Appellants. Versus Ram Singh … Respondent Present: Mr. B.S. Sra, Advocate, for the appellant-State. Mr. Ashwini Talwar, Advocate for the respondent. … ARVIND KUMAR, J: C.M. No. 9491-C of 2008: For the reasons mentioned in the application, delay of 68 days in filing the appeal is condoned. RSA No. 3182 of 2008: This is defendants' second appeal directed against the judgments and decrees of the Courts below decreeing the suit of the plaintiff for declaration to the effect that he is entitled to pay scale as revised vide notification No. 10/7/88-FPI/8299 with effect from 9.9.1998 as amended/revised from time to time along with its arrears with a consequential relief of grant of benefits being flown from revision of pay scale from the date of appointment, till its realization. As per the case of the plaintiff in the plaint, he was appointed as Cook in Sirhind Canal Head Works Division, Irrigation Department, with effect from 1.1.1988. His services were regularized with effect from 1.7.2001. He claimed that he being a regular employee under the category of Cook, is entitled to the pay scale of Rs.950-1800/- but was wrongly given the pay scale of Rs.770-1350/-. On the other hand, the stand of the defendant-department was that the plaintiff was only a class-IV employee and was never promoted to Class-III and thus, not entitled to the grade as claimed by him. Trial Court on appreciation of evidence adduced by the parties, decreed the suit of the plaintiff vide judgment and decree dated RSA No. 3182 of 2008 -2- 4.10.2007. It has been observed that as per notification dated 9.9.1988, Exhibit P-2, which as per own admission of DW-1 was found applicable to the Irrigation Department, the plaintiff is entitled to pay scale of a Cook, i.e. Rs.950-1800/- as mentioned in entry No.59 of the said notification and not as per entry No.66 thereof. That apart, it was not the case of the defendants that the plaintiff was appointed as a Cook-cum-Chowkidar and thus, entry No. 66 is not applicable in his case. Thereafter, the defendants filed an appeal against the said judgment and decree, but the same has been dismissed by the first appellate Court vide judgment and decree dated 12.4.2008. The first appellate Court while relying upon order, Exhibit D-7, held that the services of the plaintiff were regularized as a Cook. Further, the only witness of the department has admitted in his cross-examination that the plaintiff was initially recruited as a Cook on work-charge basis and subsequently, his services were regularized as a Cook. In my view, the plaintiff has rightly been held entitled to the pay scale of Rs.950-1800/-, being a Cook. Nothing has been shown that the findings of fact so recorded by the Courts below suffer from any infirmity or are contrary to the record. No question of law, muchless substantial, arises in the present appeal. Consequently, the appeal being without any merit is hereby dismissed. February 6, 2009 ( ARVIND KUMAR) JS JUDGE