JAI CHAND SAWHNEY Vs. UNION OF INDIA

JUDGEMENT

(1.) These are two appeals from the order of the Subordinate Judge dated 31st Mar., 1983. This judgment will govern them both.

(2.) These are the facts. The appellant, Jai Chand Sawhney, was bom on 18th Mar., 1914. He took service with the respondent Railway, East Punjab Railway as it was then known. On Feb. 24, 1948, he was appointed a Social Guide. On Oct. 15, 1949 he was discharged from service. He filed a suit for declaration on Oct. 14, 1955. The trial court decreed the suit on Dec. 8, 1958. It was held that the order of discharge was illegal and that he continued to remain in service. The appeal from the decree of the Subordinate Judge was dismissed by the Punjab High Court on 22nd May 1962 as a result of the decree in favour of the appellant he was reinstated on 31st Aug. 1963. This was the first round of litigation.

(3.) After reinstatement the appellant served for some 6 years. On July 18, 1969 he was made to retire compulsorily under cl. (h) of R. 2046 of the Indian Railway Establishment Code Vol. 2. That rule says :