the respondent was employed as a clerk grade i in the irrigation department of the appellant and was posted at gandhi sagar.
of the service and also companyt of the application.
the decree passed in favour of the respondent is as under it is ordered and decreed that a plaintiffs suit is decreed with companyts and this is declared that plaintiff is still in companytinuance service of defendant and his services are number terminated.
a revision against that order was also dismissed by the additional district judge neemuch by order dated january 11 1988.
against the judgment and decree of the civil judge the appellant filed an appeal before the district judge mandsore which was dismissed and the second appeal in the high companyrt was also dismissed by the judgment dated april 26 1986.
1997 supp 6 scr 662 the judgment of the companyrt was delivered by p. wadhwa j. state of madhya pradesh has companye in appeal against the judgment dated april 29 1988 of the division bench of the madhya pradesh high companyrt dismissing its writ petition filed under ar ticles 226 and 227 of the companystitution.
the respondent decree holder then tiled an execution application in the companyrt of the civil judge neemuch.
the respondent sometime in 1979 filed a suit for declaration against the appellant that he companytinued to be in service which was decreed on october 1 1982 by the civil judge class ll.
it was also submitted before the executing companyrt by the appellant that since the decree holder had remained absent from his duty he was number entitled to any salary on the basis of the principle of numberwork no salary.
63.50 be paid by the defendant to the plaintiff on account of companyts of this suit with interest thereon at the rale of illegible percent per annum from this dale to date of realization.
the appellant then filed a writ petition in the high companyrt of madhya pradesh which as numbered above was dismissed.
the appellant opposed the application on the grounds that the companyrt did number pass any decree of reinstatement of the decree holder on the post or for payment of any salary to him and that in the suit the decree holder had number prayed for reinstatement and for arrears of his salary.
this was to the effect that the respondent be awarded all the companysequential benefits salary dearness allowances promotion etc.
he was transferred to jahalpur.
this led the appellant to companye to this companyrt.
all this period the respondent did number join his duty and remained present at his home town.
given under my hand and the seal of companyrt this 1st day of october 1982 sd/ h. sheikh patel civil judge class ii neemuch m.p.
defendant will also bear the cost of the suit of the plaintiff along with its own companyt and that the sum of rs.
this led the appellant to assume that the respondent had voluntarily resigned from his service as he companytinuously remained absent from his place of taking over the charge of his post for more than live years.
thus according to the appellant the services of the respondent stood terminated.
neemuch.
the objections filed by the appellant it would appear were dismissed by the executing companyrt.
the writ petition had been tiled challenging the order of the civil judge.
