KUNWAR BAHADUR Vs. STATE OF U. P.

JUDGEMENT

(1.) This is a plaintiff's appeal against the judgment and decree dated 11-12-1968 passed by Civil and Sessions Judge, Rampur in Civil Appeal No. 61 of 1968. In the suit giving rise to this appeal Kunwar Bahadur, appellant Claimed following reliefs:

(2.) The Munsif Rampur, who tried the suit framed 5 issues. The first issue was whether the transfer of the appellant to Moradabad as Noter and Drafter was illegal. The trial court decided this issue in favour of the appellant. In doing so the trial court considered F. Rule 15 of the Financial Hand Book, Vol. II, Parts II to IV. The trial court 'further found that in view of notification No. 33/1 (i)/66 FDAI, dated Apr. 19, 1966 (Ex. 5) the appellant was entitled to special pay @ Rs. 15/- p. m. Consequently the trial court decreed the appellant's suit and directed the respondents to restore him to the post of senior cashier. A decree for special pay at Rs. 15/- p. m. from 4-5-1966 to 3-1-1967 was also passed. The appellant was also held entitled to pendente lite and future special pay at Rs. 15/- p. m.

(3.) The respondents filed appeal and in appeal the Civil and Sessions Judge set aside the decree passed by the trial court and dismissed the appellant's suit in toto. The lower appellate court held that the appellant had no lien on any post as he was a purely temporary employee and that the appellant was not entitled to get mandatory injunction claimed by him. At this stage it may be mentioned that the trial court held that the appellant had a lien.