GURCHARAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE appellant, Gurcharan singh, (hereinafter referred to as the plaintiff) filed a Civil Suit in this Court in the Forma Pauperis for declaring the order of his dismissal passed on 21 -7 -1972 under No 55 - GR of 1972 by the Secretary to Government General Department, J & K in the name of the Governor of Jammu & Kashmir, was illegal, unconstitutional and invalid, and. therefore, prayed for a mandatory injunction directing the State of Jammu and Kashmir (hereinafter referred to as the Defendant), to reinstate him and pay him the outstanding salary due to him or in the alternative for payment of arrears amounting to Rs. 35,216/ -with effect from 1 -5 -1966 to 20 -7 -1972.

(2.) ON the trial of the case, the order of dismissal was found to have been passed by the Governor strictly in accordance with the provisions of the Constitution and. therefore; it was held that the order passed by the Governor is, in no manner, illegal, unconstitutional, invalid or mala fide. However, the plaintiffs suit was decreed and he was held entitled to full salary with effect from 1 -5 -1966 to 6 -11 -66 and subsistence allowance from 7 -11 -1966 to 20 -7 -1972.

(3.) AGGRIEVED of the said judgment and decree of the learned Single Judge dated 4 -2 -1987 the present Civil First Appeal has been preferred by the Plaintiff/appellant and the same has arisen from the facts of the case, which are shortly enumerated as below: