(1.) The plaintiff is the appellant in this appeal. The plaintiff instituted a suit claiming an arrears of salary from April, 1954 to 17th May, 1962 at the rate of usual increments, salary and allowances alleging that the defendant wrongfully terminated his service for which he instituted a suit for a declaration that the order of termination of service was illegal and invalid and he was still continuing in service. After having obtained a decree in that suit the plaintiff instituted the present suit out of which the present suit arises for recovery of arrears of salaries and allowances.
(2.) The plaintiff's case, in short, is as follows:-- The plaintiff was appointed as a Cleaner in the Loco Shed, Burdwan, on 14-11-1949 and was permanently absorbed on 30-8-1951. His service was wrongfully terminated on and from 21-12-1951 on the allegation of assault on one Santa Prosad, another Cleaner of the Loco Shed. Thereafter, the plaintiff brought a suit for declaration that the order of termination of his service was illegal and after the said suit was decreed in favour of the plaintiff the instant suit for recovery of salary and allowances was brought by the plaintiff.
(3.) The suit was contested by the defendants stating that it was barred by limitation and that the notice under Section 80 is not legal, valid and sufficient.