RSA No.3259 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.3259 of 2011(O&M) Date of Decision: August 8, 2011 Punjab State through District Collector, Mansa, and others .....Appellants v. Balwant Singh and another .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.O.P.Dabla, DAG, Punjab for the appellants. ..... RAM CHAND GUPTA, J.(Oral) C.M.No.9007-C of 2011 In view of the facts mentioned in the application, delay of 2 days in filing the appeal is condoned. Application stands disposed of accordingly. RSA No.3259 of 2011 The present regular second appeal has been filed against judgment and decree dated 11.3.2011 passed by learned Additional District Judge, Mansa, dismissing appeal filed by appellants-State against judgment and decree dated 27.9.2010, passed by learned Additional Civil Judge, (Senior Division), Sardulgarh, decreeing suit filed by respondent-plaintiff. I have heard learned counsel for the appellants-State and have gone through the whole record carefully including both the judgments passed by learned Courts below. Briefly stated, respondent-plaintiff retired on 31.5.2002 after rendering so many years of service as Panchayat Officer from Panchayat RSA No.3259 of 2011(O&M) -2- Samiti Sardulgarh, District Mansa. A sum of `1,88,314/- as gratuity was paid to him. Another sum of `1,14,130/- was also paid to him on 14.11.2002. However, pension, CPF and other service benefits were not paid to him. He filed Civil Suit No.267 dated 23.7.2003, which was decreed in his favour on 2.4.2006 directing the present appellants for making remaining pensionary benefits. He filed execution application and during pendency of execution of application, a sum of `42,667/- was paid in the year 2007. The execution is still pending. However during pendency of the said execution proceedings, order dated 12.12.2007 was passed vide which proficiency step up increment sanctioned after 24 and 32 years of service in his favour have been withdrawn with retrospective effect from 1.1.1996 reducing his pay and also ordering for recovery of `82,544/- to be effected from his pension. Hence, he has pleaded that no amount can be deducted from his pension and no recovery of any amount, which was already granted to him can be effected as he has not committed any fraud and has not made any misrepresentation in receiving such benefits. Suit was decreed by learned trial Court. Appeal filed by the State was also dismissed by learned first appellate Court. Suit filed by respondent-plaintiff is fully covered by Full Bench judgment of this Court rendered in Budh Ram and others v. State of Haryana and others, 2009(3) Service Cases Today 333. Matter in dispute is no more res integra. It is not a case of present appellants-State that respondent-plaintiff-employee was at a fault or he has made any mis- representation or was at any time responsible for releasing proficiency step up increment sanctioned after 24 and 32 years of service. Benefit has been unilaterally withdrawn by appellants-State with retrospective effect from RSA No.3259 of 2011(O&M) -3- 1.1.1996, after his retirement and after his suit for releasing pensionary benefits was also decreed. Hence, in view of these facts, it cannot be said that any illegality has been committed by the Courts below in passing the impugned judgments and decrees. Finding recorded by the Courts below is fully justified by the evidence on record and is supported by cogent reasons. The said finding is not shown to be perverse or illegal nor it is based on misreading or misappreciation of the evidence. Hence, the said finding does not warrant interference in this second appeal. No question of law, much less substantial question of law, arises for determination in this second appeal. Accordingly the appeal is dismissed in limine. 8.8.2011 (Ram Chand Gupta) meenu Judge