STATE OF ASSAM Vs. GOPAL KRISHNA MEHRA

JUDGEMENT

(1.) THIS is an appeal by the defendant against the decree of the learned Assistant District Judge No. 2 at Gauhati decreeing in Part the plaintiff's suit.

(2.) THE plaintiff Sri Gopal Krishna Mehra, who retired from his service under the Government of Assam as Director of Veterinary and Animal Husbandry on 31 -3 -1963, filed the suit for the following reliefs: - (a) a decree declaring that the plaintiff is entitled to the whole of the amount of increment as due under the revised scales of pay which came into force with effect from 1 -10 -1956 till 31 -3 -1963, that is the date of retirement of the plaintiff, (b) a decree declaring the order contained in letter. No. VET 129/62/25 dated 20 -4 -65 as illegal and inoperative, and (3) consequential relief of the amount of Rs. 26,437.50 p. being the total increments from 1 -10 -1956 till 31 -3 -1963.

(3.) THE defendant (State of Assam) filed a written statement and contested the suit. Most of the facts alleged in the plaint were admitted by the defendant According to the defendant, the revised scale of 1956 could not be given to the plaintiff as he failed to exercise his option within the prescribed period as required under paragraph 4 (1) of the Government resolution No. FEP 3/56/27 dated 26 -12 -1956. The revised scales of 1959 and 1962 could not be given to the plaintiff as he did not merit and qualify for the said scales. The defendant further alleged that the plaintiff being under, suspension from 1956 to 1961 and thus away from actual duties, was debarred from enjoying the benefits of 1959 scale as the Government did not set any opportunity to test his merit and as he did not possess the required Qualification. The suit was also resisted on various other grounds, which save rise to the following issues: -