STATE OF MYSORE Vs. ANTHONY BENEDICT

JUDGEMENT

(1.) The appellant is the State Government and the decree challenged is one made by the Subordinate Judge in a suit brought by the plaintiff who was a peon in the Judicial Sub-Magistrate's Court, Udipi. He was transferred on 14 November, 1957 to the Court of the Subdivisional Magistrate, Puttur, and, after he was so transferred he did not report himself to duty but made applications time and again for the grant of leave. The last application was made on 4 October, 1958 in which he asked for four months' leave. On 29 November, 1958 the District Magistrate of Mangalore refused the leave and directed the plaintiff to report himself to duty by a particular date. On the plaintiff not reporting to duty in that way, the District Magistrate made an order on 22 December, 1958 that the plaintiff had lost his lien on his post "in the criminal judiciary in the district of Kanara."

(2.) In his suit the plaintiff sought a cancellation of this order and a decree for arrears of salary. The Munsif dismissed the suit, but the Subordinate Judge, in the appeal preferred by the plaintiff, made a decree setting aside the order of the District Magistrate. He made a declaration that the plaintiff still continued to be in Government service. With respect to the arrears of salary claimed, the Subordinate Judge observed that that was a matter which should be investigated in another proceeding.

(3.) This decree of the Subordinate Judge has produced an appeal by the State and a cross-objection by the plaintiff. The State complains against the decree by which the Subordinate Judge set aside the District Magistrate's order, and the plaintiff's cross-objection relates to the refusal of the decree for arrears of salary.