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2006 DIGILAW 3006 (PNJ)

Executive Engineer O. P. Dakshin Haryana Bijali Nigam Ltd. , Rewari v. Surinder Kumar Etc.

2006-07-25

P.S.PATWALIA

body2006
Judgment P.S.Patwalia, J. 1. The present application has been filed seeking condonation of 7 days delay in filing the appeal. It has been contended that after the judgment had been rendered by the lower Appellate Court, some time was taken for taking legal opinion and approval of the higher authorities. I am of the opinion that the applicants have made out sufficient cause for condoning the delay. Therefore, the application is allowed and the delay of 7 days in filing the appeal is condoned. R.S.A. No. 3030 of 2005 2. A reading of the judgments passed by the Courts below would show that father of the plaintiffs was granted deemed date of promotion as UDC on 26.12.1968 vide order dated 23.2.2000. His seniority position as UDC was assigned as 792. One Mohinder Singh thus became junior to the father of the plaintiff as he had joined as UDC on 17.1.1969 and was assigned seniority at serial No. 793. The legal heirs of Moti Lal Verma has thus filed the present suit claiming promotion with effect from the same date as Mohinder Singh a junior to their deceased father was promoted. The trial Court as also the lower Appellate Court after examining the matter have held that plaintiffs father would be entitled to promotions as Commercial Assistant, Circle Assistant, Head Clerk and Circle Superintendent with effect from the dates from which persons junior to him were granted the said promotions with all consequential benefits. 3. In support of this appeal, learned counsel for the appellants has raised two submissions. The first argument is that during his life time Shri Moti Lal Verma never made a claim seeking promotion with effect from the date persons junior to him were promoted. It is conceded position that Shri Moti Lal Verma had unfortunately expired on 15.10.2000. This was less than eight months after the deemed date of promotion as a UDC was granted to him. It is only as a result of the said order that he was entitled to the relief as has now been sought for by his heirs and granted by the trial Court. The present suit was instituted in December, 2000 about 10 months after the passing of the orders granting him seniority as UDC. It is only as a result of the said order that he was entitled to the relief as has now been sought for by his heirs and granted by the trial Court. The present suit was instituted in December, 2000 about 10 months after the passing of the orders granting him seniority as UDC. It is therefore apparent that the claim for the consequential benefits was made expeditiously and the very fact that Shri Moti Lal Verma never made the said claim in the last seven months of his life cannot be made a ground to deny the relief to the legal heirs and upset the findings recorded by the trial Court. 4. The only other argument raised was that in the facts and circumstances of this case, the learned trial Court should not have granted interest at the rate of 18% per annum on the consequential benefits arising out of refixation of pay and pension. I find that in the present case it was only as a result of passing of the order dated 15.10.2000 that deemed date of promotion was granted to Shri Moti Lal Verma. The subsequent deemed dates of promotions were as a result of the date of appointment granted to him as a UDC. The trial Court while granting interest at the rate, of 18% per annum has relied upon certain judgments where retiral benefits were not paid in time to an employee and in those circumstances interest at the rate of 8% per annum was granted. I am of the opinion that the said judgments would have no application to the facts of the-present case. Since the plaintiffs have been found entitled to relief as a result of anti dating the appointment of Shri Moti Lal Verma as UDC and arrears have accrued to them on that ground, I am of the opinion that it would be appropriate if the rate of interest is reduced to 18% per annum. The plaintiffs shall therefore be entitled to interest at the rate of 8% per annum and the judgments of the Courts below would stand modify accordingly. 5. The appeal is therefore disposed of in the aforementioned terms. Order accordingly.