OSMANIA UNIVERSITY Vs. MOHAMMAD R A HUMAYUN

JUDGEMENT

(1.) The defendant is the appellant in this appeal. The suit is filed for recovery of arrears of salary due to the plaintiff. The plaintiff earlier filed a suit O.S. No. 2325 of 1974 on the file of the IV Assistant Judge, City Civil Court Hyderabad, that his date of birth is 9-12-1918 and the order retiring him on the basis that his date of birth is 9-12-1914 is illegal and for mandatory injunction restraining the defendants not to retire him. The suit in the first instance was dismissed by the trial Court and the appellate Court confirmed the same but in appeal this Court in S.A. No. 765 of 1976 on 10-8-79 granted the relief to the plaintiff as prayed for. The result is that his date of birth was declared as 9-12-1918 and the present suit was filed for recovery of arrears from the date of retirement treating his date of birth as 9-12-1914.

(2.) The principal contention of the University is that the suit is hit by Order II Rule 2 C.P.C., and also barred by limitation as the claim so far as it is beyond 3 years from the date of the suit is not sustainable. The trial Court overruled the defence and decreed the suit for a sum of Rs. 80,172/- with proportionate costs and interest at 6% per annum on the said amount from the date of suit till the date of realisation.

(3.) In this appeal the standing counsel for the University urged that the present suit is hit by Order 2, Rule 2 and the failure to ask for recovery of salary in the earlier suit is fatal to the present claim. Further he also urged that in view of this, the present claim for salary beyond three years from the date of filing the suit is not sustainable having clearly barred by limitation.