STATE OF ANDHRA Vs. S KAMESWAR RAO

JUDGEMENT

(1.) This is an appeal against the order of Mr. Justice Bhimasankaram passed in G. M. P. No. 1081 of 1956 in A. S. No. 87 of 1956. The appeal was preferred by the State of Andhra represented by the Chief Secretary of Home Department, Kurnool against the decree of the Subordinate Judge, Guntur in O. S. No. 40 of 1955, The suit was brought by S. Kames-war Rao, the respondent in this L. P. A. for certain declaration against the State of Madras and the State of Andhra regarding the propriety of the order passed for his compulsory retirement from the service of the State in the Police Department. It is unnecessary for the purposes of this appeal to refer to the allegations in the pleadings or to the evidence adduced in the case. Suffice it to say that the learned Subordinate Judge who tried the suit granted a declaration in favour of the plaintiff, here respondent, in these terms :

(2.) Pending the appeal the State of Andhra ap plied to this Court in C. M. P. No. 1081 of 1956 for an order directing the suspension of all further pro ceedings including execution of the decree in O. S. No. 40 of 1955 on the file of the Court of the Sub ordinate Judge of Guntur pending appeal No. 87 of 1956. When this petition came on for hearing before one of us, an order of "interim stay" was passed on 14-2-1956. Then C. M. P. No. 1081 of 1956 came on for final hearing after notice to the respondent before Mr. Justice Bhimasankaram who passed the order which is now the subject of appeal.

(3.) The directions given by Bhimasankaram J. are these :