STATE OF ORISSA Vs. HARICHANDAN BABU

JUDGEMENT

(1.) THIS is an appeal by the State of Orissa against the concurrent decisions of the two lower courts dismissing their suit for recovery of a sum of Rs. 2600/- from the respondents.

(2.) RESPONDENT No. 1 (Harichandan Babu) is a resident of Bhowanipatna which was part of the former (sic) state of Kalahandi. sometime in 1946 the tnen Ruler of kalahandi agreed to bear the cost of giving him train-ing in the Imperial Dairy research Institute, Bangalore, on matters relating to Dairy Farming. The, total sum wmcn the Ruler agreed to pay for this purpose was Rs. 2600/ -. He also obtained from respondent No. 1 an agreement (Ex. / dated 5-1-1946) undertaking to serve the State of Kalahandi, for a period of not less Wan 15 years after completing his studies in the said institution. The Respondent further undertook that if he failed to fulfil any of the terms of the agreement he would refund to the ruler the sum of Rs. 2600/ -. Respondent no. 2 agreed to be the surety for respondent 1.

(3.) RESPONDENT 1 completed the training in due course and the Ruler of Kalahandi also by his order dated 22-12-47 (Ext. A) appointed him as Cattle welfare Officer on a pay of Rs. 60/- per month in the scale of Rs. 60-10-130/- per month with effect from 1st January, 1948 by which time the expected 'the result will be out'. Apparently, though the respondent had undergone the necessary training at the dairy Research institute, Bangalore he had not by that date passed the examination conducted by that institute. He actually joined duty on 2nd January 1948, but from the 1st January 1948 Kalahandi state merged with the Province of orissa and the administration of that was taken over by the Administrator appointed by the Government of Orissa. The Administrator, by his order dated 211-1948 (Ext. B) refused to accept the appointment of respondent No. 1 saying that there was then no post for which respondent 1 was meant to be employed. The respondent's work was therefore discontinued. Later on the respondent passed the necessary examination from Allahabad sometime in April 1948. Then, on 25th september 1948 the Government of Orissa offered rum a temporary post of Dairy overseer at Cuttack on a lower scale, viz. , Rs. 60-2-100 per month (See Ext. D), but the respondent declined to accept it. Then after some correspondence the government of Orissa as the successor in interest or the Ruler of Kalanandi called upon respondent No. 1 to pay track the entire money advanced for his training in the Imperial Dairy Research Institute at Bangalore and, on his refusal, filed the present suit under appeal.