UNION OF INDIA Vs. HAFIZ ABDUS SHAKUR

JUDGEMENT

(1.) This appeal, by the defendants The Union of India representing Post and Telegraph Department -- is from a judgment of reversal of the learned Additional Subordinate Judge, Patna. The learned Judge of the Court of appeal below decreed the plaintiff's suit in part and granted the plaintiff the declaration "that he has a right to rejoin his original post of a Postal, Clerk under the Post and Telegraph Department of the Government of India, which he held prior to his provisional option for Pakistan in 1947." The learned Judge, however, held that "the plaintiff cannot be deemed to have continued in service as a clerk in the Post and Telegraph Department of the Indian Union", and, further observed that "since bis right to be absorbed as a clerk in the Post and Telegraph Department of the Indian Union is declared, it is for the Department to decide what terms and conditions of service will be applicable on the plaintiff's rejoining his post."

(2.) Against the above judgment and decree of the court of appeal below, both the parties have come up to this Court. The defendant has come up in appeal against the judgment of the court of appeal below holding that the plaintiff revised his option for India Final in his declaration sent under registered cover dated the 16th January, 1948 (Ext. 2) within six months from the date of his original declaration electing to serve in Pakistan Provisionally in 1947.

(3.) The plaintiff also has preferred a cross-objection against the latter part of the judgment of the court of appeal below holding that the plaintiff cannot deemed to have continued in service as a clerk in the Post and Telegraph Department of the Government of India, and that the Department concerned will be applicable to the plaintiff on his rejoining his post.