STATE OF RAJASTHAN Vs. KASHIRAM

JUDGEMENT

(1.) THIS is a civil regular second appeal by the State against the judgment and decree of the District Judge, Pratapgarh dated the 15th February, 1960, upholding the judgment and decree of the Civil Judge, Chittorgarh, dated the 28th July, 1959, in a suit for declaration.

(2.) THE material facts leading up to this appeal may be shortly stated as follows. THE plaintiff was appointed an Overseer on a five years' contract by the State of Kotah, as it then was, on the 28th June, 1946, Ex. A-1. THE State of Kotah was then integrated with the first United State of Rajasthan sometime in 1948 and thereafter with what may be called the larger United State of Rajasthan in 1949, which eventually became part B State of Rajasthan under the Constitution when it came into force on the 26th January, 1950. It is admitted between the parties that the services of the plaintiff were extended upto the 3rd February, 1952. THEre is nothing to show that thereafter there was any further order of the extension of his services by any competent authority. But the fact remains that the plaintiff continued to work as a surplus hand in the office of the Executive Engineer at Bhilwara until the 8th December, 1952. On that date he applied for one month's privilege leave which does not seem to have been granted to him. Notwithstanding that, he admittedly left his place of posting and joined service with the Municipal Board of Ujjain in Madhya Pradesh with effect from the last-mentioned date. Reference may conveniently be made at this place to an application Ex. A-10 filed by the plaintiff himself to the Superintending Engineer, P. W. D. , B. & R. , Udaipur, dated the 8th February, 1953 wherein the plaintiff admitted that he had temporarily joined as an Overseer on six months' probation in the Ujjain Municipality with effect from the 8th December, 1952. In this application he stated that he had applied for one month's privilege leave in connection with the treatment of his wife obviously suggesting thereby that that leave had not been sanctioned to him. He then stated that he had tried his best to get himself transferred from Chittorgarh to a suitable place ; but he had failed, and thereafter he had received an order from the Assistant Engineer Chittorgarh that he had been transferred to Dungarpur, and the plaintiff complained that that was not a suitable place to go to as it was entirely cut off from his relatives and was very far away from his native place. In conclusion he submitted that he was on six months' probation in the Ujjain Municipality and that until he was confirmed he was not in a position to resign from his service in the Rajasthan State, and, therefore, permission might be granted to him to continue his service in Ujjain or if no such permission could be granted to him, he might be informed accordingly so that "i may consider for any future career". By his letter Ex. 5 dated the 13th February, 1953, the Assistant Engineer Chittorgarh called upon the petitioner to resume his duties within a week at the place where he had been transferred arid also pointed out to him that his having taken up an emloy-ment outside the Rajasthan State without obtaining prior permission was irregular and that if he did not resume his duty within a week it would be presumed that he did not want to serve the Rajasthan State and that necessary action would be taken in that connection. It seems that the plaintiff paid no heed to this letter and so by an order dated the 16th February, 1953 (Ex. A-6) the Superintending Engineer, Udaipur terminated the services of the plaintiff with effect from the date he had left his headquarters. This order reads as follows : - PUBLIC WORKS DEPARTMENT RAJASTHAN No. 12003-06/2160/c udaipur, February 12/16, 1953. OFFICE ORDER As Shri Kashi Ram has already accepted employment with the Municipal Committee without previous sanction of the Government and has been absent from his headquarters without leave his services are hereby terminated with effect from the day he left his headquarters. Sd/-Superintending Engineer P. W. D. (B & R), Udaipur. Aggrieved by this order, the plaintiff has instituted the suit, out of which this appeal arises, on the 2nd January, 1956, in the court of the Civil Judge, Chittorgarh, (after giving the requisite statutory notice to the defendant State under sec. 80 of the Code of Civil Procedure ) wherein it was contended that the order of the Superintending Engineer terminating his services was violative of Art. 311 of the Constitution for two reasons ; the first being that the order had been passed without affording any reasonable opportunity of defence to the plaintiff and the second being that the superintending Engineer Udaipur was not competent to terminate his services as he had been appointed by the Government of Kotah in 1946. THE plaintiff, therefore, prayed for a declaration that the order of the Superintending Engineer, Udaipur, dated the 16th February, 1953, by which he terminated the services of the plaintiff be declared to be illegal, void and inoperative and he further prayed for a declaration to the effect that the plaintiff still continued in his service and that he was entitled to his salary and other allowances for which he was eligible under the rules.