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Judgment
LEAVE granted.
The respondent was employed as peon-cum-chowkidar in the Government Middle School at Mandi Cholian. By order dated 21/7/1975, he was dismissed from service. He was reinstated in service by order dated 6/3/198181. After his retirement from service he filed the civil suit giving rise to this appeal in the court of Sub-Judge, Second Class, Jalandhar, on 20/4/1990, for a declaration to the effect that he was entitled to regularisation of his services for the period 21/7/1975 to 6/3/1981 as well as arrears of salary for the said period from 21/7/1975 to 6/3/1981 and the pensionary benefits by taking into account the said period. In the said suit the trial court on 16/12/1992, passed a decree declaring that the respondent is entitled to the regularisation of his services for the period from 21/7/1975 to 6/3/1981 and to all the consequential benefits with full back wages for the period of his dismissal and he was also entitled to retirement benefits like pension, gratuity, leave encashment, payment of G.P. Fund. The said decree was affirmed in appeal by the District Judge, Jalandhar by his judgment dated 7/8/1993. Second Appeal filed by the appellants against the decree of the District Judge was dismissed by the High court on 1/2/1994. Feeling aggrieved by the said order of the High court dismissing the second appeal the appellants have filed this appeal.
WE have heard the learned counsel for the parties.
WE are of the view that insofar as the claim for arrears of salary for the period 21/7/1975 to 6/3/1981 is concerned, the cause of action arose on 6/3/198181 when the order of dismissal was revoked and the respondent was reinstated in service. The suit which was filed in 1990 was barred by limitation in relation to the said claim and the courts below have erred in passing the decree awarding arrears of salary for the period 21/7/1975 to 6/3/1981. The cause of action for the claim regarding pensionary benefits arose on the retirement of the respondent on 31/1/1989. The suit with regard to the said claim was within limitation. We are in agreement with the finding recorded by the courts below that the respondent is entitled to count the said period from 21/7/1975 to 6/3/1981 as part of his service for the purpose of pensionary benefits and his claim in that regard has been rightly decreed.
The appeal is, therefore, partly allowed and the decree with regard to payment of arrears of salary for the period 21/7/1975 to 6/3/1981 is set aside but the decree with regard to counting the period from 21/7/1975 to 6/3/1981, as part of the service for respondent for grant of pensionary benefits is maintained.
NO costs.