NARENDRANATH MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE plaint and the written statement bristle with numerous facts. It is unnecessary to recount them, in view of the accepted position on the basis of which the litigation can be disposed of. The common case of the parties is as follows :-

(2.) PLAINTIFF was a permanent Government Servant under the defendant. On 20th of november, 1957, the defendant passed the following order (hereinafter to be referred to as the impugned order.)

(3.) THE defence case is. that the plaintiff absented himself continuously for more than five years, and under the aforesaid rule, he automatically ceased to be government Servant. There was a further averment that the claim for dearness allowance was not maintainable as the plaintiff was not in actual service and the claim for arrears of salary beyond three years from 28-1-59. the date of suit, is barred by limitation.