JAMINI KANTA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff appellant brought the suit out of which the present appeal arises for the recovery of arrears of pay and for damages for illegally withholding payment and for illegal discharge from military service. The suit was dismissed by the trial Court.

(2.) The case as made in the plaint may be shortly stated. It is alleged that during the continuance of the last World War, the plaintiff was enrolled on 13-3-1942, by the Divisional Superintendent of the Asansol Division of the East Indian Railway to serve as a clerk in the Indian Engineers Section of that Railway. It is further alleged that the terms and conditions Of service agreed upon were that the plaintiff would receive pay on a civil rate, viz., Rs. 150/- per month with certain additional allowances and perquisites. The plaintiff was under the said agreement to serve during the operation of the last War and twelve months thereafter, if so required. He continued in service till the end of the War and was discharged on 5-11-1945. According to the plaintiff, he ought to have been retained in service for twelve months after the expiration of the War. It is further alleged that while he was continuing in service he was suddenly in utter disregard of the terms of the agreement reduced in pay as on 24-11-1943. The substantive pay of Rs. 150/- which was, according to him, stipulated in the original agreement was reduced to an all inclusive pay of Rs. 65/- per month only. Such reduction was further given retrospective effect from the date of the original enrolment. He was at one time directed to refund Rs. 2450 and odd which he had drawn on the basis of the substantive pay of Rs. 150/- as originally stipulated. Further payments thereafter were stopped as from November, and the plaintiff preferred an appeal to the higher authorities. While such appeal was pending, he was placed for trial before a Court Martial on certain charges relating to the statements made by him at the time of his enrolment. He was sentenced to five months' rigorous imprisonment with reduction in rank. At the instance of the Deputy Judge Advocate-General, Central Command, Agra, according to whom no offence had been committed by the plaintiff, the Court Martial proceedings were set aside by the higher authorities who directed that the plaintiff be relieved of all consequences of the trial.

(3.) On 2-7-1945, however, an option was given to the plaintiff either to remain in service on the reduced scale of pay as already directed under the previous orders, or to take a discharge. The plaintiff preferred the latter. An order was passed directing that the amount alleged to have been paid in excess, viz., Rs. 2450 and odd, need not be recovered. He was since the date of the stoppage of the pay paid at the rate of Rs. 65/- per month. In spite of his protest that he was entitled to receive the basic pay of Rs. 150/- he was compelled to sign a printed form to the effect that he had received all arrears of pay from the authorities. He was accordingly paid at the rate of Rs. 65/-per mensem as from 1-12-1943, to 3-11-1945, on which date the military authorities purported to proceed on the basis that his services had been terminated.