IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.331 of 2010 (O&M) Date of decision: 19th September, 2011 Nand Kishore … Appellant Versus Haryana Roadways and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Jaspal Singh Manipur, Advocate for the appellant. Ms. Tanisha Peshawaria, DAG Haryana, for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) The plaintiff, having lost in two rounds of litigation, has preferred present regular second appeal. He had instituted a suit for mandatory injunction directing the respondents-defendants to pay arrears of all increments and sanction the latest pay-scale with interest and future interest following the principle of equal pay for equal work and for payment of arrears of increments of 8 years and 18 years including arrears of bonus, salary and grant of seniority of previous service, arrears of overtime and leave period of 8 days etc. along with interest. The trial Court vide impugned judgment dated 8th January, 2007 held that the suit is hopelessly time barred, and declined the relief to the plaintiff. Aggrieved against the same, appellant-plaintiff filed an appeal which was also dismissed. Hence, the present regular second appeal has been filed. The appeal was listed before a Coordinate Bench on October 6, 2010 and at that time counsel for the appellant has made a statement that he will confine claim of the appellant only to the release Regular Second Appeal No.331 of 2010 (O&M) of increments, which were stopped without cumulative effect by various punishment orders. The order passed by this Court on October 6, 2010 reads as under: “Learned counsel for the appellant-plaintiff confines the claim of the plaintiff-appellant only to release of increments, which have been stopped without cumulative effect by various punishment orders. It is contended that even said increments, which have been stopped without cumulative effect, have not been released to the plaintiff- appellant. Notice of motion in appeal as well as in application for amendment of plaint for 13.01.2011. Records of the courts below be requisitioned.” Thereafter, on 21st April, 2011, following order was passed: “Learned State counsel prays for adjournment to find out if increments of the plaintiff-appellant which were stopped without cumulative effect by different punishment orders have been restored or not and also to seek instructions regarding orders dated 27.04.1989 and 24.06.1991 mentioned by the plaintiff in his application for amendment of plaint as to whether said orders have also been passed or not. Adjourned to 25.05.2011. Needful be done in the meanwhile.” Today, Ms. Tanisha Peshawaria, Deputy Advocate General, Haryana, on instructions from Ashok Kumar Gujara, Clerk, Haryana Roadways, Yamunanagar, has stated that punishment orders have been followed and the record has been updated. Counsel for the State has further stated that only increments of the appellant were stopped without cumulative effect and therefore, necessary payment due has 2 Regular Second Appeal No.331 of 2010 (O&M) been made to the appellant and nothing has been retained by the Department by counting increments with cumulative effect. Mr. Jaspal Singh Manipur, Advocate appearing on behalf of the appellant, has stated that in view of the statement made by counsel for the State, nothing survives in the present appeal and the same be dismissed as having been rendered infructuous. Ordered accordingly. [KANWALJIT SINGH AHLUWALIA] JUDGE September 19, 2011 rps 3