JAGJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff-appellant has come up in Regular Second Appeal against the judgment and decree of the first Appellate Court reversing on appeal those of the learned trial Judge and dismissing his suit for declaration that the order of his termination from service contained in order No. 12-E/24 dated May 29, 1973 was illegal.

(2.) The plaintiff-appellant (hereinafter the plaintiff) came to the Court with the allegations that he was appointed as substitute Khalasi by the Assistant Executive Engineer with all facilities available to Railway servant. He had fallen sick but the Assistant Medical Officer, Ambala Cantt under instructions from the department discharged him from service on May 31, 1973. He was told that his services have been terminated but the order of termination was never communicated to him. Madan Mohan Lal who was junior to the plaintiff was appointed as substitute Khalasi and his appointment is illegal.

(3.) The defendant-Union of India (hereinafter the defendant) denied that the plaintiff was ever appointed against a permanent post. He was only a casual labourer. So, the question of his discharge or removal from the service does not arise. Madan Mohan Lal was appointed on compassionate grounds and his appointment has no relevancy.