MOHAMMAD MATTEEN QIDWAI Vs. GOVERNOR-GENERAL IN COUNCIL

JUDGEMENT

(1.) THOSE are two cross-appeals and arise out of the same judgment. Second Appeal no. 751 of 1949 was filed by the Governor-General of India in Council (now Union of India) through the oudh and Tirhut Railway. Second Appeal no. 2029 was filed by the plaintiff, Mohammad Matin qidwai. It is proposed to dispose of the two appeals by a common judgment.

(2.) THE suit out of which these appeals arise was brought by the plaintiff for a declaration that the order of his removal from service dated 20-12-1944 was void, illegal and ineffective and he is, therefore, entitled to he regarded as continuing in his post. Also included in the reliefs claimed, was a prayer for a sum of us. 1,024-12-0 as arrears of pay and allowance from the date of his removal till the date of the suit. The defendant contested the suit on the grounds that the plaintiff was never appointed by the General Manager, Oudh and Tirhut Railway, that the Chief Engineer was authorised to remove the plaintiff, that the order of removal was justified, that the plaintiff had no cause of action for the suit, that the suit was time-barred and that he was not entitled to get the salary and allowances for the period during which ho did not work. The learned Munsif decreed the suit for declaration and for recovery of under Section 597 as arrears of salary but dismissed the claim for the allowance claimed. Both parties went in appeal to the lower appellate court. That Court confirmed the decree of the learned Munsif and dismissed both the appeals. Both, the plaintiff and the defendant, have now come up in appeal to this Court.

(3.) SHORTLY put, the plaintiff's case was 'this. The plaintiff was originally appointed a sub-permanent way inspector by the Chief Engineer, Ro-hilkhand and Kumaun Railway, by an order dated 6-1-1930, The Rohilkhand and Kumauu Railway and the Bengal North Western railway which were company--owned and managed railways were taken over by the State on 1-1-1943. For purposes of administration they were combined into one and were given the name of the Oudh and Tirhut Railway, On this amalgamation, the services of the plaintiff as also of the other employees were terminated from the midnight of 31-12-1942. Thereafter, the plaintiff ceased to be an employee of the Rohilkhand and Kumaun Railway and his appointment to the oudh and Tirhut Railway was a fresh one. The two Railway Companies which were at that time company concerns had a common General Manager. He was authorised by the Government of india to offer a new appointment, along with others, to the plaintiff with effect from 1-1-1943. The terms of this new appointment were to be governed by the conditions printed on the reverse of the offer dated 13-10-1942. These terms arc EX. 1 in the case. The plaintiff communicated his acceptance of this offer by his letter dated 17-10-1942.