BANARASI DAS KANKAN Vs. UTTAR PRADESH GOVERNMENT

JUDGEMENT

(1.) Sri Banarsi Das Kankan is a retired Civil Judicial Officer. He retired as a District Judge in 1942. He brought this suit against Government in 1944 for various declarations with respect to his service and pension, for the recovery of arrears of his pay, and for damages.

(2.) His case is that, he was appointed to the United Provinces Civil Judicial Service, Agra Branch, in April 1917, and was confirmed as Civil Judge in 1936. He was promoted to the selection grade of Civil Judge in 1936. He was promoted to the selection grade of Civil Judges with effect from the 10th of May, 1940. From 1935 to 1938 he officiated as a Civil and Sessions Judge four times. For the fifth time he was appointed as a Civil and Sessions Judge on 5-12-1938. The appointment continued for over three years. He was confirmed as a Civil and Sessions Judge with effect from the 1st of July, 1941.

(3.) A listed post of District and Sessions Judge in the Indian Civil Service cadre of the United Provinces fell vacant upon the retirement of Sri Shiva Copal Mathur, District and Sessions Judge, Hardoi. The Governor appointed the plaintiff as District and Sessions Judge vice Sri Shiva Gopal Mathur. The plaintiff worked as District and Sessions Judge from 24th December, 1941 to the 14th of October, 1942, when he retired from service.