HARI RAM Vs. EAST PUNJAB GOVERNMENT

JUDGEMENT

(1.) This is a plaintiff's appeal against the judgment of Khosla J., dated 4-101949 allowing the appeal of the Government against the appellate order of the Senior Subordinate Judge whereby he had decreed the plaintiff's suit.

(2.) The plaintiff Hari Ram, a revenue Patwari, was suspended by the order of the Collector on 27-3-1940, He was then prosecuted under Section 409, Penal Code but the case was withdrawn and the plaintiff was re-instated on 5-8-1942. During the period of his suspension he was paid one-fourth of his emoluments as subsistence allowance. He then applied to the Collector for the balance of his pay for the period of suspension. This application was rejected as also the appeal which was taken to the Commissioner and the Financial Commissioner confirmed the order on 14-12-1945.

(3.) Hari Ram then brought a suit on 20-2-1947 for the recovery of Rs. 500/- as arrears of pay and the suit was dismissed on 20-1-1948 but on appeal was decreed by the Senior Subordinate Judge, Hissar, which decree w.as reversed by a learned Single Judge of this Court who held that the case was governed by the rule laid down by their Lordships of the Privy Council in --'High Commissioners for India and Pakistan v. I.M. Lall', AIR 1948 PC 121 (A) and therefore the plaintiff was not entitled to sue on" the basis of contract. The learned Judge also held that there were no statutory rights entitling a revenue Patwari to recover his pay. In regard to limitation the learned Judge held that the right of, the Patwari, if it was based on contract, would be governed by Article 115, Limitation Act and, therefore, the suit would be barred by time as it was brought more than three years after the breach of contract which was on 21-9-1943.