RSA No.1431 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1431 of 2010 Date of decision: August 26, 2011. Jagdish Chander Goyal ... Appellant(s) v. Haryana State Agricultural Marketing Board & Anr. ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. Maninderpreet Kaur, Advocate, for the appellant(s). Kanwaljit Singh Ahluwalia , J. (Oral): Present regular second appeal has been filed by the plaintiff to the suit. He had instituted a suit seeking a declaration to the effect that he is entitled to get basic pay @ Rs.790/- on 1.11.1982, the day his junior Sohan Lal was granted this basic pay, in the pay scale of Rs.600-1100 upto 17.1.1991. Suit of the appellant-plaintiff was decreed, however, consequential relief of payment of arrears was restricted to 38 months prior to filing of the suit. Aggrieved against this, the present appellant had filed an appeal. The appeal was also dismissed and it was held that the trial court had rightly restricted the payment of arrears as a consequential relief to 38 months preceding the filing of the suit to the plaintiff of the suit. Counsel for the appellant-plaintiff has also failed to dislodge the findings returned by the courts below. Even though the Courts held the appellant to be entitled to basic salary of Rs.790/- with effect from RSA No.1431 of 2010 -: 2 :- 1.11.1982, it is not disputed that the suit in the present case was filed on 5.4.2005. The court held the suit to be within limitation only on the ground that plaintiff had drawn the last salary on 3.9.2004, the day when he attained the age of superannuation. From 1982 to 2004, plaintiff had not approached the court for seeking the relief, thus, the courts below have rightly restricted the payment of arrears to 38 months from filing of the suit. Hence, no interference is warranted in the concurrent findings of fact returned by both the courts below. The present appeal is dismissed in limine. [Kanwaljit Singh Ahluwalia] August 26, 2011. Judge kadyan