STATE OF MADHYA PRADESH Vs. CHAMANLAL NAGRATH

JUDGEMENT

(1.) THIS is defendant's appeal against the judgment and decree dated 30th November, 1973 passed by the First Additional District Judge. Bhopal in Civil Suit No. 50-A of 1973. The order (Ext. P4) dated 17th September. 1965 by which the plaintiff was invalidated from service, has been declared to be void and consequently a decree of recovery of Rs. 40,984 as arrears of salary has been passed.

(2.) THE plaintiff after obtaining the degree of F. R. C. S. (London) was appointed Lecturer in Orthopaedic Surgery in 1954 in the erstwhile State of Madhya Bharat at the Mahatma Gandhi Memorial Medical College, Indore. He was confirmed as Lecturer on 19th August, 1955. The plaintiff was then appointed as a Reader in Chest Surgery in October, 1956 and was confirmed in October, 1957. In October, 1960 the plaintiff was appointed Additional Professor of Surgery at the M. G. Memorial Medical College, Indore.

(3.) IN 1962 the plaintiff unfortunately suffered from a severe attack of coronary thrombosis and thereafter in October, 1963 and February, 1965 he suffered from two subsequent attackes of angina. In the meantime in the year 1964, the plaintiff applied for the post of professor in surgery in response of an advertisement issued for filling three posts of professors in different Medical Colleges in the State of Madhya Pradesh. The plaintiff was one of the three persons selected to fill these three posts as professors.