MUNICIPAL BOARD Vs. CHANDRAWATI

JUDGEMENT

(1.) THIS is a defendant's appeal against the judgement and decree dated 28-5-1968 passed by Second Temporary Civil and Sessions Judge, Aligarh.

(2.) FACTS of this case are in a narrow compass. Smt. Janki Devi was in the employ of the appellant, Municipal Board, Aligarh as a maid servant. By notice dated 19-9-1958 her services were terminated with effect from 1-11-1958 : Smt. Janki Devi filed a suit for declaration that the order dated 19-9-1958 terminating her services was illegal. Her suit was decreed. Consequently the appellant reinstated her on 16-2-1962. Smt. Janki Devi died on 7-4-1962. Thereafter on 1-1-1963 Smt. Chandrawati, respondent heir of Smt. Janki Devi brought a suit for recovery of arrears of pay of Smt. Janki Devi for the period April, 1960 to 7th April, 1962.

(3.) BOTH the above contentions of the learned counsel are devoid of force. In the case of the State of M.P. v. State of Maharashtra, AIR 1977 SC 1466, the plea of the bar of Order 2, R.2 was repelled on the ground that the cause of action for a suit for arrears of salary accrued due on the date of reinstatement. In the instant case Smt. Janki Devi was reinstated on 16-2-1962. It is thereafter that Smt. Janki Devi could claim her arrears of pay. It would not be incorrect to say that after having reinstated Smt. Janki Devi, the duty was of the Board to pay up her arrears of pay. The Board remained silent. Therefore, the respondent had to file the suit on 1-1-1963. It is thus patent that on account of the omission of the appellant to give the salary of Smt. Janki Devi that the respondent was obliged to file the suit. In other words because of the non-feasance of the Municipal Board the present suit came into existence.