Judgment:
Rs.No.3887 of 2011 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA, CHANDIGARH Rs.No.3887 of 2011 Date of decision : 12.02.2014 Om Parkash ...........Appellant versus State of Haryana and others ............Respondent CORAM:- HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK Present : Mr.S.P.Chahar, Advocate for the appellant.
Ms.Kirti Singh, DAG Haryana.
******** RAMESHWAR SINGH MALIK, J.
Aggrieved against the concurrent findings of the facts recorded by the learned Courts below, plaintiff has approached this Court by way of instant second appeal.
Appellant-plaintiff joined the service in the year 1988 as mortar mate in PWD (B & R) Branch and his services were regularised on 01.04.1993 in the pay scale of Rs.750-940/-.
He retired on 31.01.2007 as mortar mechanic.
In view of the Government instructions dated 11.01.2007, his pay scale was revised to Rs.950-1400 on 27.02.2007.
However, as per clarificatory order issued by the Government on 05.06.2007, the benefit of above said revision of pay scale was withdrawn on the ground that revision of pay scale was admissible only to the matriculates, whereas, the plaintiff- appellant was not matriculate.
The benefit of revised pay scale was withdrawn on 31.08.2007.
Plaintiff filed the suit which was dismissed and his appeal was also dismissed.
Anil Kumar 2014.02.18 13:37 I attest to the accuracy and Learned counsel for the appellant, at the outset, fairly integrity of this document Rs.No.3887 of 2011 -2- states that since the plaintiff-appellant had been pursuing the instant litigation under bona fide wrong impression without challenging the validity of clarificatory order dated 05.06.2007 which was the basis for withdrawal of benefit of revised pay scale, he does not intend to press this appeal and seeks permission of Court to withdraw the appeal as well as suit with permission to the plaintiff-appellant to pursue his other remedies, in accordance with law.
Learned counsel for the State also fairly states that she does not oppose the prayer made by learned counsel for the appellant for withdrawal of the suit.
In view of the above statements made by the learned counsel for the parties, the instant appeal as well as the suit filed by the plaintiff-appellant are permitted to be withdrawn with liberty to the plaintiff- appellant to pursue his other remedies, in accordance with law.
Disposed of accordingly.
12.02.2014 (RAMESHWAR SINGH MALIK) anil JUDGE Anil Kumar 2014.02.18 13:37 I attest to the accuracy and integrity of this document