STATE OF ORISSA Vs. L APPALASWAMY

JUDGEMENT

(1.) LEARNED Standing Counsel is present on behalf of the appellant. None appears for the respondent. Hence the respondent is set ex parte. Appeal is heard ex parte in absence of the respondent and the judgment is as follows.

(2.) IT is the case of the plaintiff/respondent that he was initially appointed as a Ministerial Staff in September, 1927 under the Government of Madras. On formation of the province of Orissa his service was transferred to the province of Orissa with effect from 1.4.1936 and that service continued under the State of Orissa until the date of his irregular retirement on 24.8.1961, because under the erstwhile employer his period of retirement would have been on completion of sixty years of age, but under the State of Orissa he was made to retire on 24.8.1961 on completion of 55 years of age. The Finance Department, under several Circulars including that of Exts. A and B, recognized its mistake and also wanted to compensate such irregularly retired persons. In view of that the plaintiff -respondent made correspondences with the State for counting his service period till 24.8.1966 and to grant him the arrear salary and other retirement benefits accordingly. When the defendant -appellant did not accede to his correspondences and requests and kept the matter pending, therefore, ultimately he issued notice under Section 80 of the Code of Civil Procedure on 5.8.1978 and instituted the suit claiming for recovery of Rs. 22, 943.29 paise (Rupees twenty two thousand nine hundred forty three and paise twenty nine only) with future interest. Plaintiff -respondent appended the schedule showing the mode of calculation of the aforesaid claimed amount and it appears that towards the arrear entitlement he made a claim of Rs. 14,503.23 paise (Rupees fourteen thousand five hundred three and paise twenty three) and interest on that amount with effect from 7.1.1973 and 31.10.1978 (five years nine months and twenty five days) at Rs. 8.440.06 paise (Rupees eight thousand four hundred forty and paise six).

(3.) ON the basis of the pleadings of the parties and their examination under Order X, Rule 1, CPC four issues were framed to adjudicate the dispute. Those issues are: