GURDWARA PRABANDHAK COMMITTEE Vs. AMARJIT SINGH

JUDGEMENT

(1.) The single question in these proceedings is whether this court can issue a direction to the Union of India for the payment of arrears of salary to the Government servant after the dismissal order has been set aside.

(2.) This is a tale of twenty years. The respondent, late Shri Kewal Krishan Mittal, in 1963 brought a suit for declaration that his services had been wrongly terminated by the appellant, Union of India. At the relevant time he was holding the post of a Managing Officer-cum-Assistant Custodian at Delhi. On 14th June, 1960 his services were terminated. The principal ground of challange was that Art. 311 of the Constitution was breached. He clamed a decree of Rs. 2,358.72 as the difference between the suspension allowance and his pay. The subordinate judge decreed the suit on 2nd December, 1967. The Union of India appealed. The Additional District Judge by order dated 30th October, 1971 accepted the appeal and dismissed the suit. On a second appeal to this court H.L. Anand J. reversed the lower appellate court and restored the decree of the trial court. He declared that the order of termination of the appellant's services was null and void and that that he continued to be in service throughout. He also gave a decree for Rs. 2,358.72.

(3.) From the order of the learned single judge the Union of India filed a letters patent appeal on 17th December, 1974. The appeal was admitted by a bench of this court on 2nd April, 1975. On 31st October, 1978 Shri Mittal died. This fact was brought to the notice of counsel of the Union of India. But as no steps were taken to bring the legal representatives of the deceased respondent on record, the appeal abated. This was sought to apply for setting aside the abatement and condonation of delay. Time was granted. But no application for setting aside the abatement was made. As a result on 29th July, 1980 we held that the appeal had abated and as no steps for setting aside the abatement were taken the record be consigned to the record room. Because there was nothing else to do. Later on an application for setting aside the abatement was made. That application we dismissed on 5th August, 1980.