AMARJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) APPELLANT filed a suit for declaration to the effect that he was deemed to have completed his 2 years' probation on 29.06.1967 along with others and the orders extending his period of probation up to 30.09.1968 were illegal, null and void and that the plaintiff was entitled to the payment of arrears of pay and allowances for the period w.e.f. 29.06.1967 onwards along with interest at the rate of 18% per annum.

(2.) THE aforesaid suit was contested by the defendants raising various preliminary objections including the objection that the suit was barred under Order 2 Rule 2 CPC as plaintiff had already filed a civil suit for declaration and the matter in question in the present suit and other suit was similar. On merits, it was submitted that probation period of the plaintiff was extended in accordance with the law.

(3.) APPEAL filed by the plaintiff against the aforesaid judgment and decree of the trial Court was also dismissed by the Lower Appellate Court vide impugned judgment and decree.