DARGAHI LAL NIGAM Vs. CAWNPORE MUNICIPAL BOARD

JUDGEMENT

(1.) This is a plaintiff's application in revision against a decree of a Small Cause Court Judge, dismissing his suit for recovery of arrears of pay and certain other amounts. The applicant was in the employ of the Municipal Board, Kanpur at a monthly salary of Es. 50, in charge of looking after the Board's cases in various Courts. He was suspended from service on 2-9-1941 and, later on, prosecuted in two cases for misappropriation of funds. In one he was acquitted on the 4th January, and in the other discharged on 1-2-1943. He was then re-instated on 7-3-1943; but departmental proceedings being taken against him, he was dismissed from service on 22-18 1948. When re-instated, he was not paid the remaining 3/4ths of his salary for the period of his suspension, 3-9-1941 to 7-3 1943, only 1/4th being paid to him during the interval as a subsistence allowance He served a notice on the Board on 21-10 1944, asking for the arrears of his pay at the rate of Es. 37-8-0 per month, some dearness allowance and the Board's contribution to his Provident Fund Account of the said period. This being refused, he filed the suit on 22-12 1944.

(2.) Among other defenses, the Board resisted the claim by a plea of limitation which was accepted by the Court below, and, in the result, the suit was dismissed. This is the only point to be decided in this revision.

(3.) The answer to the question whether or not the suit was time-barred depends on whether it was governed by Section 326, D. P. Municipalities Act (II [2] of 1916), providing a six months' rule of limitation, or by the relevant provisions of the Indian Limitation Act, providing a three years' period. The former section, omitting unnecessary words, lays down :