U P GOVERNMENT Vs. S TABARAKH HUSAIN

JUDGEMENT

(1.) This is a defendant's first appeal arising out of a suit for a declaration that the plaintiff continued to be in the service of the defendant and for arrears of salary. The claim for declaration of the plaintiff's continuance in service was, however, given up subsequently taut the claim for arrears was followed up.

(2.) The facts of the case briefly are that the plaintiff was a sub-inspector of police in the employ of the defendant-appellant; he was suspended pending enquiry into certain charges by an order dated 13-4-1942, and was, ultimately dismissed by an order dated 30-10-1943. The plaintiff then filed a departmental appeal and as a result of that appeal the order of dismissal was set aside on 18-10-1946.

(3.) The suit which has given rise to the present appeal was, however, instituted on 8-10-1946, for a declaration that the order of dismissal, which had not till then been set aside in appeal, was invalid and void and for recovery of arrears of salary. The suit for declaration became in-fructuous as the order of dismissal was set aside during the pendency of the suit. The plaintiff claimed salary at the rates given in the plaint along with station allowance and dearness allowance.