RSA No.817 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.817 of 2009 Date of Decision: 10.9.2009 Vice Chancellor, Chaudhary Charan Singh Haryana Agricultural University, Hisar and another .....Appellants Vs. Subhash Makkar ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Siddharth Batra, Advocate for the appellants. Mr. K.S. Dhanora, Advocate for the respondent. .... RAJIVE BHALLA, J (Oral) The appellants challenge the judgements and decrees dated 28.4.2006 and 14.11.2008, passed by the Civil Judge (Junior Division), Hisar and the Additional Disttt. Judge, Hisar, decreeing the suit filed by the respondent and dismissing their appeal. The plaintiff-respondent filed a suit for declaration that he is entitled to the pay scale being drawn by his juniors, with effect from 1.4.1986. The appellants opposed the suit by pleading that the respondent's pay scale has been rightly fixed. On the basis of the pleadings, the trial court framed the following issues :- “1. Whether Dariyav Singh, who was appointed as Electricians-cum-Tubewell Operator is junior most to plaintiff and now he is getting higher pay scale from the RSA No.817 of 2009 2 plaintiff as alleged in para No.3 of the plaint ? OPP. 2. Whether the defendants are legally bound to pay salary to plaintiff more than his juniors in the higher standard scale ? OPP. 3. Whether the plaintiff is entitled to consequential relief of permanent injunction as prayed for ? OPP 4. Whether the suit of plaintiff is not maintainable in the present form ? OPD 5. Whether plaintiff is estopped by his own act and conduct from filing the present suit ? OPD 6. Whether the plaintiff has no locus-standi and cause of action to file present suit ? OPD 7. Relief.” After considering the pleadings,the arguments addressed and the evidence adduced, the trial court decreed the suit and held that the respondent is entitled to revised pay scales with effect from 1.4.1986. Aggrieved by the aforementioned judgement and decree, the appellants filed an appeal. Vide judgement and decree dated 14.11.2008, the first appellate court dismissed the appeal. Counsel for the appellants submits that the only point that arises for consideration is, whether the courts below could have decreed the suit for arrears of salary with effect from 1.4.1986. It is submitted that the courts below could not have entertained such a belated claim for rectification of salary and even otherwise, if entitled the arrears of salary be confined to a period of 38 months, preceding the filing of the suit. RSA No.817 of 2009 3 Counsel for the respondent states that he has no objection, if the judgements and decrees passed by the courts below are modified to the extent that the arrears of the salary so fixed are confined to a period of 38 months, preceding to the filing of the suit. In view of the statement made by counsel for the respondent, counsel for the appellants states that he has no objection, if the judgements and decrees are modified accordingly. In view of what has been stated herein above, the appeal is partly allowed. The judgements and decrees passed by the courts below are modified to the extent that the arrears, due to the respondent on account of the revision of his pay scales from 1.4.1986 are confined to 38 months preceding the filing of the suit on 20.1.2004. The appellants are directed to make the payment of the amount due to the respondent, within a period of two months from the date of receipt of a certified copy of this order. No order as to costs. 10.9.2009 (RAJIVE BHALLA) GS JUDGE