Regular Second Appeal No. 2147 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 2147 of 2008 Date of Decision: 2.2.2009 *** Jal Pal Singh .. Appellant VS. State of Haryana & Ors. .. Respondents. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Pankaj Jain, Advocate for the appellant. *** ARVIND KUMAR, J. Both the Courts below have non-suited the plaintiff-appellant in a suit for declaration filed by him claiming the relief of grant of first higher standard pay scale w.e.f. 1.1.1994 on completion of 10 years' service and consequent fixation and revision of his pay scale and grant of arrears thereof along with interest @ 12% per annum. I have heard learned counsel for the appellant and have gone through the paper-book carefully. It emerges out from the record that the service record of the plaintiff, who served the Department as a Driver and stood retired from service, was found not up to the mark, which is a pre-requisite for grant of said benefit, as per the instructions of the Government. Admittedly, the plaintiff remained under suspension from 1.3.1983 to 7.6.1983 and 11.11.1993 to 19.11.1993 in respect of two accidents caused by him. That apart he was placed under suspension from 12.7.1988 to 13.9.1988 for dereliction of duties and misbehaviour. He was further put under suspension from 3.9.1993 to 1.10.1993 for being negligent while discharging his duties. The plaintiff, admittedly, did not lay challenge to the orders whereby his suspension period was restricted and service censured. Thus, both the Regular Second Appeal No. 2147 of 2008 2 Courts below rightly concluded that since the plaintiff did not discharge his duties satisfactorily and his record was not up to the mark, he is not entitled to the said relief of higher standard pay scale. Nothing has been shown to take a contrary view than that of concurrent findings recorded by the Courts below. No substantial question of law, which is sine qua non for admission of appeal is made out. The appeal is wholly without merits and the same is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE February 2,2009 Jiten