KRISHAN MURARI LAL SEHGAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals are by certificate of the High Court of Punjab and Haryana. Civil Appeal No. 1299 of 1969 is concerned with the appellant's suit for declaration of his dismissal order dated October 21, 1959, as void and illegal. Civil Appeal No. 1298 arises out of his suit for arrears of salary. Both the matters were heard together in the High Court and the judgment out of which Civil Appeal No. 1299 of 1969 arises is the principal judgment following which a short order was passed by the High Court dismissing the other suit of the appellant for arrears of salary. The High Court granted certificates is both the appeals. It will be sufficient to deal with Civil Appeal No. 1299 of 1969 in this judgment as the decision therein will govern the other appeal.

(2.) The facts may now be briefly stated:

(3.) The appellant who was the plaintiff in the court below was appointed as a clerk in the Patiala state some time in July 1948. On the formation of the new State of Punjab on November 1, 1956, with the merger of erstwhile Pepsu and Punjab States the appellant was integrated in the service of the new State of Punjab as permanent assistant in the grade of Rs. 150-10-300/- and was actually getting Rs. 170/- per month on October 21, 1959, the date of his dismissal in the office of the Financial Commissioner, Punjab.