JAGDISH RAJ SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant, who was plaintiff in the original lis, having lost his cause both before the trial Court as also learned Single Judge, has filed this Letters Patent Appeal under clause X of the Letters Patent. Brief facts culminating into filing of present appeal need a necessary mention.

(2.) Appellant (here-in-after referred to as 'plaintiff'), an Assistant Supervisor in the Ministry of Defence, Government of India, pursuant to a departmental enquiry, was compulsorily retired from service w.e.f. Feb. 27, 1967. The enquiry was held under Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short 'Rules of 1965'). He successfully challenged the order of his compulsory retirement through a civil suit and judgment and decree rendered by the trial court was confirmed in appeal as well on Oct. 15, 1976. Consequent upon the judgment and decree, referred to above, plaintiff was reinstated in service vide order dated March 2, 1977 from the date of his compulsory retirement, i.e., Feb. 27, 1967.

(3.) In consequence of the order of reinstatement, plaintiff approached the Director, Military Farm for payment of his emoluments for the period from Feb. 27, 1967 to March 2, 1977. He claimed an amount of Rs. 40,761.75 In his endeavour to get payment of emoluments for the period, referred to above, he succeeded, even though partly, inasmuch as vide orders dated March 17, 1987 he was held entitled to payment of Rs. 18,924/- only. Dis-satisfied with the order dated March 17, 1987, when his claim had only been partly allowed by the Director, he filed yet another suit claiming the entire amount pertaining to pay and emoluments for the period, referred to above. The cause of the plaintiff was seriously contested by the respondent-Union of India, thus, giving rise to the issues, as have been reflected in the judgment passed by the learned Sub Judge.