UNION OF INDIA Vs. TECKCHAND

JUDGEMENT

(1.) THE plaintiff-respondent filed the suit out of which this appeal arises, in the Court of Munsif (East), Ajmer on 1-4-66 praying inter alia that a decree for Rs. 1732. 18 paisa be granted in his favour against the appellant as the said amount had been illegally deducted from his pay on account of rent for the railway quarter occupied by him as Vigilance Inspector. It was alleged that he was entitled to occupy railway quarter free of rent and that in any case he had been unlawfully discriminated against as two other railway employees, namely, Shri B. N. Bhatnagar, and Shri S. L. Khanna placed in similar posts were allowed to occupy quarters free of rent. THE plaintiff has further alleged that in any case the defendant was estopped from making deductions on account of having created a bona fide belief in the plaintiff's mind that he would not be charged any rent. THE suit was resisted by the Railway. Seven issues were struck by the trial court on the pleadings of the parties.

(2.) AFTER recording the evidence produced by the parties the Munsif dismissed the suit and on appeal by the plaintiff the learned Civil Judge, Ajmer has decreed the suit for Rs. 1211/- only. Dissatisfied by the judgment and decree by the learned Civil Judge the defendant Union of India through the General Manager, Western Railway has filed this appeal.

(3.) LEARNED counsel for the plaintiff-respondent prays for leave to appeal to Division Bench. The prayer is disallowed. .