VED PRAKASH CHATURVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is plaintiff's first appeal against the judgment and decree passed by the Additional District Judge, Dausa, dated 15 -12 -1979, dismissing the suit for declaration and arrears of salary.

(2.) THE plaintiff -appellant was appointed initially as literate Cleaner in Loco Shed, M how under the BB and CI Railway, on 11 -10 -1950. The BB and CI Railway was converted into the Western Railway in the year 1952 and all the employees of BB and Cl. Railway became the employees of the Western Railway. Thereafter, the plaintiff -appellant was posted as Ticket Collector on 27 -4 -1956 on his selection by the Railway Service Commission. His posting orders were passed by the DTS, Bandikui. Lateron, the plaintiff was further promoted to the post of Travelling Ticket Examiner (TTE) on 30th June, 1965, and further promoted as Guard on 23 -12 -1966. The plaintiff -appellant was convicted for the offence Under Section 420/471 IPC on 7 -2 -1967 by the Additional Munsif and Judicial Magistrate, Jaipur West. His services were terminated. He preferred an appeal, and therefore, his termination was put in abeyance. His appeal was dismissed and conviction was maintained vide order dated 29 -4 -1968. Thereupon, he was again dismissed from service vide order dated 3 -5 -1968 with effect from 29 -4 -1968 by the Divisional Commercial Superintendent, Western Railway, Jaipur. The plaintiff -appellant preferred an appeal against this order and according to the plaintiff, he was never intimated about the decision of his appeal, so he made several representations and ultimately, the Divisional Superintendent (E), Jaipur vide letter dated 18 -9 -1974 informed the plaintiff that his appeal has been rejected by the Divisional Superintendent, Jaipur and he was informed about the same vide office letter dated 8 -11 -1968. The plaintiff then filed a mercy appeal against the said order to the CCS and General Manager, Western Railway, Bombay. He was informed by the Divisional Superintendent, Jaipur that the General Manager had considered the appeal and the same was rejected vide letter dated 20th August, 1974. Therefore, the plaintiff filed the present suit praying that the order of the DCS dated 3 -5 -1968 be declared to be illegal, inoperative and ineffective against the plaintiff and the said order be set aside. The plaintiff further claimed arrears of salary against the Union of India through General Manager, Western Railway.

(3.) THE defendant contested the suit and filed a detailed written statement. One of the objections taken by the defendant was that the suit is barred by time.