R.S.A. No. 1167 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH R.S.A. No. 1167 of 2011 (O&M) Date of Decision: December 14,2011 State of Haryana and others .......................... Appellants versus Ram Parshad ............................................ Respondent Coram: Hon'ble Ms. Justice Ritu Bahri Present: Mr. S.S.Goripuria, DAG, Haryana, for the appellants. Mr. R.S.Sangwan, Advocate for the respondent. ... RITU BAHRI, J. (Oral) C.M. No.3196-C of 2011 For the reasons given in the application, the delay of 29 days in filing the present appeal is condoned. C.M. disposed of. R.S.A. No. 1167 of 2011 This Regular Second Appeal has been filed against the judgment and decree dated 27.10.2010 passed by the Additional District Judge-V, Bhiwani, whereby the appeal against judgment and decree dated 15.1.2009 passed by the R.S.A. No. 1167 of 2011 (O&M) [ 2 ] Additional Civil Judge (Sr. Divn.), Charkhi Dadri, has been dismissed. It is not disputed by both the parties that the petitioner had joined the department on 27.1.1980. After rendering service of almost 22 years, he retired on 28.2.2002. The plaintiff had filed a suit for directing the defendants to allow the standard scale with effect from 28.2.2000 along with all consequential benefits on completion of 20 years of service as per instructions dated 1.1.1994. At the time of retirement, his basic pay was `6350/- per month plus `50/- special pay. He remained suspended from 9.7.1997 to 3.10.1997. For this period, he has been paid subsistence allowance. There was a criminal case registered against him under Section 279/304-A IPC in which he was subsequently acquitted. The inquiry initiated under Rule 7 was decided on 22.2.2002 by the competent authority. During the entire service career of the plaintiff, the non-qualifying service period is only 7 months. The trial Court decreed the suit by giving a direction to the respondent department to reduce 7 months period i.e. non- qualifying service and grant standard basic scale on completion of 20 years of qualifying service within a period of three months. The plaintiff was also held entitled to payment of interest at the rate of 8% per annum. R.S.A. No. 1167 of 2011 (O&M) [ 3 ] The Appellate Court has affirmed the findings recorded by the trial Court. After going through the facts of the present case, it is not disputed by counsel for the appellants that the respondent/plaintiff had served for 22 years at the time of retirement on 22.2.2002. The period of 7 months, if adjusted, still he is entitled to the grant of higher standard pay scale as per instructions of the Government dated 1.1.1994. The plaintiff qualifies the conditions for grant of the higher pay scale. There is no infirmity in the judgments passed by both the Courts below. No question of law much less the substantial question of law arises for adjudication in the present case. Regular Second Appeal is dismissed subject to payment of `5,000/- as costs. ( RITU BAHRI ) 14.11.2011 JUDGE rupi