SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This letters patent appeal is filed by the appellant (the original petitioner) challenging the legality and correctness of the judgment and order dated September 15, 1989 passed by the learned Single.Judge, in Civil Writ Petition No. 5079 of 1981. The learned Single Judge negatived the claim of the appellant for back wages/salary and consequently dismissed the writ petition.

(2.) Heard the learned counsel for the parties. Various contentions were raised before us. In order to appreciate the same, a few facts are required to be set out.

(3.) The appellant was originally recruited in the police constabulary in the then State of PEPSU. His services came to be terminated by the erstwhile State of PEPSU on October 17, 1952. The appellant filed a suit for a declaration and consequential reliefs. The appellant's suit came to be decreed and consequent thereto, he came to be reinstated on March 6, 1960 as selection grade constable. In the meanwhile, the status Re-organisation Act, 1956, came into force and the State of PEPSU came to be merged with the former State of Punjab. It is now common premise that the appellant in 1960 was belonging to the police constabulary of the State of Punjab.