R.S.A. No.2737 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No.2737 of 2008 Date of decision: 17th September, 2009 Punjab State Co-operative Bank Ltd. ......Appellant Versus Dev Raj Saini ......Respondent Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Ashwani Prashar, Advocate for the appellant. Mr. Sunil Agnihotri, Advocate for respondent. Rajive Bhalla, J. The appellant challenges the judgments and decrees dated 2.02.2005 and 31.05.2008, passed by the Additional Civil Judge (Senior Division), Gurdaspur and the Additional District Judge (Adhoc), Fast Track Court, Gurdaspur, decreeing the suit filed by the respondent and dismissing its appeal. While issuing notice to show cause, why the appeal be not admitted/allowed, the following order was passed:- “After addressing arguments for some time and when faced with the imminent rejection of R.S.A. No.2737 of 2008 2 these arguments, counsel for the appellant states that he confines his prayer in the instant appeal, to the point that on account of an increase in gratuity and leave encashment ordered by the Registrar on 2.09.1998 and implemented by the Bank on 20th October, 1998, the appellant could not have been awarded interest w.e.f. 29.02.1996, the date of his retirement. It is submitted that as the courts below have ignored this significant aspect, it gives rise to a substantial question of law that would necessitate reversal of the judgments passed by the courts below.” The appellant has, therefore, confined his prayer to an argument that the amount of gratuity and leave encashment is due to the respondent w.e.f. 20.10.1998 and not from 29.02.1996, as decreed by the courts below. Counsel for the respondent states that he has no objection, if the judgments and decrees are modified to the extent that the increase in gratuity and leave encashment due to the respondent, on account of revision of pay scale and the interest thereon is paid from 20.10.1998. In view of the statement made by counsel for the respondent, the appeal is partly allowed and the judgments and decrees passed by the courts below are partly modified to the R.S.A. No.2737 of 2008 3 extent that the increase in gratuity and leave encashment and the interest thereon, due to the respondent on account of revision of pay scale would be calculated w.e.f. 20.10.1998. [RAJIVE BHALLA] JUDGE 17th September, 2009 SKaushik