MAJOR MOHINDER SINGH SARKARIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by Major Mohinder Singh Sarkaria, the plaintiff-appellant. His suit was dismissed by the trial Court as barred by time and his appeal failed before Additional District Judge Jallandhar, on May 4, 1978. He challenges the judgments and decrees of the Courts below in this appeal.

(2.) Major Mohinder Singh Sarkaria joined Canteen, Stores Department at Lucknow on April 11, 1955. He was transferred to Jallandhar where he was confirmed on Oct. 11,1955. He was made regular in the Territorial Army on April 1, 1959. However, his lien in the Canteen Stores Department was retained. On Oct. 20, 1964, he was reverted to his parent department. In Sept., 1965, he was again called by the Territorial Army. Oil March 1, 1966, Territorial Army was disembodied. However, he did not report to the Canteen Stores Department. He applied for 90 days' leave. 15 days'leave was further extended. Ultimately on Aug. 12, 1966, he was asked to join Canteen Stores Department. He represented that he should be posted at Jallandhar and if it was not possible his letter dated July II, 1967, be treated as his resignation. The request for adjustment at Jallandhar was not accepted by the Department and he was asked to separately apply for resignation. The plaintiff did not submit his formal letter of resignation. Hence the Department treated his earlier letter dated July 11, 1967, as letter of resignation and accepted the same vide letter dated June 5, 1968. The resignation was accepted w.e.f. Aug. 17, 1966. In the meantime, the plaintiff again sewed in the Territorial Army from March 11, 1966 to Aug., 1969. Thereafter he was transferred to 112 Inf. Bn. He retired therefrom on Dec. 4, 1972. He wrote to the Canteen Stores Department for posting. He was informed in July, 1973 that he had ceased to be in the service of the Canteen Stores Department and thus there was no question of his posting there. In June, 1975, he filed the present suit for declaration that he was still in service as Manager or on equivalent post on the lien allowed by the Board of Administration, Canteen Stores Department, and for permanent injunction restraining the defendants from refusing the plaintiff his lien on the said post. He also claimed provident fund benefit etc. The stand of the defendants is that after acceptance of the resignation of the plaintiff, he had no lien in the Canteen Stores Department and could not be posted there. Jurisdiction of the Court to try the suit was challenged. It was also pleaded that the suit was barred by time. The trial Court framed the following two preliminary issues :

(3.) The trial Court found issue No. 1 in favour of the plaintiff holding that letter dated June 5, 1968, was delivered to the plaintiff at Jallandhar and thus part of cause of action accrued there and Civil Court at Jallandhar had the jurisdiction to try the suit. Under issue No. 2 the suit was held to be barred by time having been filed beyond three years from acceptance of the resignation was done on June 5, 1968, vide letter Exhibit D-6. In appeal, only the question of limitation was debated. The suit was held to be barred by time and the appeal failed.