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High Court of Punjab and HaryanaRSA/1518/1996dismissed

Smt. Narayan Sharma v. Distt Council For Child Welfare , Kurkshetra

2023-12-08Mr. Justice Anil Kshetarpal2 pages

2023:PHHC:157224 In the High Court of Punjab and Haryana, at Chandigarh Regular Second Appeal No. 1518 of 1996 Date of Decision: 08.12.2023 Narayan Sharma ... Appellant(s)

Versus

District Council for Child Welfare, Kurukshetra ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Vivek Aggarwal, Advocate for the appellant(s).

Anil Kshetarpal, J.

1.

In this regular second appeal, the correctness of the concurrent findings of facts, arrived at by both the Courts below, is challenged by the plaintiff.

2.

The plaintiff filed the suit in the year 1990 for the grant of a decree of declaration that since 1971 she is working as Bal Sevika and she is not being paid the salary in the scale of Rs.110-4-130/5-180/6-210/8-250 plus usual allowances since 1977. The trial Court as well as the First Appellate Court, on appreciation of the evidence, dismissed the suit. It has been held that the plaintiff was employed by a Society which is a charitable institution and she cannot claim pay-scale equivalent to the government employees. The First Appellate Court has also held that the suit filed by the plaintiff was beyond the period of three years from the date the cause of action accrued, therefore, it is liable to be dismissed. 3.

The learned counsel representing the appellant though made a DEEPAK KUMAR BHARDWAJ 2023.12.15 10:10 I attest to the accuracy and integrity of this document

2023:PHHC:157224 Regular Second Appeal No. 1518 of 1996 sincere attempt, however, failed to draw the attention of the Court to any material irregularity or perversity in the judgments passed by both the Courts below.

4.

Keeping in view the aforesaid facts, no ground is made out to interfere with the concurrent findings of facts arrived at by both the Courts below. Hence, the present appeal is dismissed. (Anil Kshetarpal) Judge December 08, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.12.15 10:10 I attest to the accuracy and integrity of this document