SHYAM SUNDAR MISRA Vs. MUNICIPAL CHAIRMAN

JUDGEMENT

(1.) THIS is a plaintiffs appeal against the judgment of the Subordinate Judge of berhampur dismissing nis suit tor arrears of salary against the Pariakimedi municipality on the sole ground that the suit was barred by limitation.

(2.) THE plaintiff was an accountant in the Pariaki-medi Municipality. He was suspended on 5-1-1951 ana dismissed from service on 1-4-51. He tiled an appeal to Government against that order of dismissal, but that appeal was dismissed on 1-3-56 (see Ext. H ). In the meantime sometime in the year 1955 he fiied a petition uncier Article 226 of the Constitution in the High Court (see Ext. 1) O. J. C. 286/55 which was disposed of by a Bench of this Court on 11-7-1957 (reported in air 1957 Orissa 222 snyam Sundar Misra v. State of Orissa ). The Bench held that the order of dismissal passed by the Municipality was in contravention of the Rules regarding the conditions or service of Municipal servants and hence set it aside. I hereafter there was some correspondence and negotiation Between the appellant plaintiff and the Municipality for payment of arrear salary and other emoluments due to Sim till the date of his superannuation namely 7-7-54. ine Municipality by its letter, Ext. 6 dated 18-6-60 informed the appellant that a net amount of Rs. 2499. 37 Np. was payable to. him in full satisfaction of all his claims against the municipality and he was asked to accept the said sum within 10 days from the receipt of notice. instead or accepting this offer the appellant filed the present suit under appeal on 11-/-60 claiming arrears of salary and other emoluments from the date of his suspension namely 7-1-51 till the date of his superannuation, namely Y-/-M, together with interest etc. amounting in an to RS. 6995. 50 Np.

(3.) THE Municipality's main defence was one or limitation which was accepted by the lower court.