NARESH CHAND ADVOCATE Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgment and decree dated 31-8-1978 passed by Senior Sub Judge, Patiala whereby the suit for recovery of Rs. 20,325 60 as arrears of pay and other allowances was dismissed.

(2.) PLAINTIFF filed a suit in forma paupris for recovery of the amount against Punjab State Electricity Board with the averment that he was an employee of the defendant-Board whose services were wrongly terminated w. e. f. 8-8-1965. This order of termination was set aside by the Civil Court and the plaintiff was deemed to be in service and so is entitled to pay and the allowances It is further the case of the plaintiff that after seeking the declaration from the Court he filed a suit for recovery of the amount due i. e. pay upto 15-111973 which claim was also decreed by the Court. Since no appeal was filed against this judgment and decree, the same became final between the (parties It is, thereafter, that the present suit was filed on 1-12-1976 seeking arrears of pay and allowances from 16 11-1973 upto date i. e. Rs. 20,325. 60. Defendant Board put in appearance and filed written statement. It was admitted that the termination of service of plaintiff was set aside by the Civil Court. However, it was averred that the plaintiff was a practicing Advocate at Patiala and so was not entitled to any pay and allowances. It was further stated that as held by the High Court, the plaintiff was not entitled to any arrears of pay and allowances. In addition to it, suit was resisted on the ground of limitation, maintainability and on the point of jurisdiction etc.

(3.) ON the pleadings of the parties, the following issues were framed :