V K NAMBOODIRI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal the plaintiff contests the correctness of the decision of Madhavan Nair, J. in a suit withdrawn from one of the subordinate courts under Art.228 of the Constitution and disposed of by him.

(2.) The appellant held the permanent rank of Major in the State Forces of the erstwhile State of Travancore until its integration with the State of Cochin. Thereafter he continued as a Major in the Forces of the T. C. State. When the Constitution came into force on 26th January 1950, under Art.259(2) of the Constitution the Armed Forces of the T. C. State became part of the Armed Forces of the Union of India. Then the Indian Army Services Selection Board screened the Officers of the T. C. State Forces and the appellant was graded as "unacceptable" to the Indian Army. The Army Headquarters issued orders on the basis of this grading, directing the release of the appellant from the army, whereupon he filed O. P. No. 67 of 1950 before the T. C. High Court. Pending the writ petition the authorities cancelled the release order and the appellant was reinstated. Thereafter, the Union Government issued a communication to the Commander in chief of India conveying the sanction of the President to the relinquishment of commissions and termination of services of some of the Officers of the T.C. State Forces including the appellant. In pursuance of that communication the appellant was granted leave for one year from 31st March 1951 to 31st March 1952 and thereafter he was released from the army.

(3.) O. P. No. 67 of 1950 was dismissed by the T. C. High Court. The present suit was then filed claiming damages and compensation for wrongful termination of employment and also claiming that the appellant was entitled to pension of Rs. 400/- per mensem under the Indian Army Rules as amended by the revised Indian Pay Code, instead of the pension of Rs. 103-6-0 actually granted to him. Our learned brother, Madhavan Nair, J., dismissed the suit.