During the companyrse of the Selection proceedings in 1948 a companyplaint was made against the appellant that he had drawn ration on the ration cards of porters who had already been discharged from service.
On October 20, 1965, the appellant fifed first appeal No.
On September 5, 1949, the appellant filed Regular Suit No.
While calculating this amount, the learned Judge held that the appellant would have earned promotions in the interregnum and was, therefore entitled to draw the emoluments attaching to the posts of promotion.
The learned Judge, however, rejected the appellants claim for a salary for two months and 13 days from November 3, 1955 to January 15, 1956 as being barred by limitation.
The appellant then filed a Second Appeal in the High Court which met with the same fate.
On May 17, 1956, the learned Civil Judge recorded a finding in the remand proceedings that a sum of Rs.
Later, by an order dated October 20, 1948, the Divisional Superintendent removed the appellant from service.
22,196/8/ to Rs.
The Division Bench, therefore, remanded the matter to the learned Civil Judge for determination of the amount which was due to the appellant on the basis that he was wrongfully dismissed from service.
15 of 1965 in the High Court of Allahabad which on April 20, 1967 was remanded by the High Court to the Trial Court for recording its findings on Issues Nos.
On January 2, 1959, the appellant sent a registered numberice to the respondent under Section 80 of the CPC in pursuance of which the present suit was filed on March 16, 1959 in the Court of Civil Judge, Lucknow.
The Respondent, Union of India, filed an appeal against the findings of the Trial Court which was treated by the High Court as being in the nature of objections against the findings.
That suit was dismissed on August 20, 1951.
The learned Single Judge, however, granted leave to the appellant to file a Special Appeal to a Division Bench, in pursuance of which the appellant filed Special Appeal No.
The appellants claim for seniority and promotions was rejected by the learned Judge on the ground that it was barred by res judicata.
22,196/8/ was due to the appellant by way of salary.
While the suit was pending in the Trial Court after the order of remand passed by the High Court, the General Manager passed an order on November 2, 1955 dismissing the appellant from service with effect from that date.
The Trial Court passed a decree in favour of the appellant in the sum of Rs.
748 of 1949 in the Court of the Munsif South Lucknow for a declaration that his dismissal from service was wrongful and for arrears of salary.
14 of 1954 in the High Court.
An appeal there from was also dismissed by the Civil Judge on May 31, 1952.
By judgment dated April 22, 1955, the Division Bench allowed the Special Appeal on the ground that the Divisional Superintendent was number companypetent to terminate the appellants service as that power was vested in the General Manager only.
It is number companyrect to hold that the appellants termination was set aside for a technical reason.
The appellant officiated twice in the Selection Posts of Grade I. On July 13, 1948, he was again put on a panel for being companysidered for promotion to the post of Grade I Clerk in the same group of the service as companytrolled by the Headquarters Office.
A preliminary enquiry was held by the Railway Authorities into that companyplaint as a result of which the appellant was suspended from service.
By a Judgment dated February 19, 1957, the High Court reduced the decretal amount of Rs.
11 and 12, By an order dated August 29, 1967, the Trial Court found in favour of the appellant on both the issues.
The claim for interest was also negatived.
33,547.50.
V. Chandrachud, J. On August 26, 1938 the appellant was appointed as a clerk by the Divisional Superintendent, East Indian Railway and was companyfirmed in that post on August 26, 1939.
On May 13, 1948 while he was working in the grade of Senior Clerk in the Establishment personnel Branch, his name was put on a panel which was prepared for companysidering promotions to Selection Posts and Grade I Clerks for the Personnel Branch of the Divisional Superintendents Lucknow.
