STATE OF BIHAR Vs. MALTI CHAUBE

JUDGEMENT

(1.) TITLE Suit No. 127 of 1966 filed by Chandra Shekhar Choubey was decreed on 21.5.1969. It was held that termination of his service was of no effect and he was deemed to be continuing in service as Head Clerk in the office of Land Reforms Deputy Collector, Dhanbad. He was entitled to a decree for a sum of Rs. 4009/ -on account of arrears of salary as per Schedule -A to the plaint and for further sum. which may be found due on account of arrears of pay till derision of the suit.

(2.) THE State Government tiled Title Appeal No. 41 of 1969 against the said decree, which was allowed in part holding as under "He was entitled to receive arrears of salary amounting to Rs. 4009/ - from March. 1964 to February. 1966. @ Rs. 187/ - per month. There is difference between pay and interest. The right to receive the pay accrues after each month when the pay becomes due. So a party cannot claim future pay which has not become due Plaintiff is not entitled to receive future pay. The judgment and decree of the learned Lower Court is modified as indicated above. The appeal is allowed in part without costs."

(3.) IN my view, after the trial Courts Judgment and decree was modified by Court of appeal below to the extent that plaintiff was not entitled to receive future pay, which had not become due on the date of filing of the suit. There was no relief sought for the same his claim of salary of Rs. 94,359.50, besides the decretal amount of Rs. 4009/ - was not justified. So, Judgment debtors objection under Section 47 was entertainable to that extent and must be decided in accordance with law.