ABINASH CHANDRA GAUTAM Vs. UNION TERRITORY OF TRIPURA AND ANOTHER
HIGH COURT OF GAUHATI
Abinash Chandra Gautam
Union Territory Of Tripura And Another
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R.S. Bindra, J. -
(1.) This is an application by Abinash Chandra Gautam under Article 133 of the Constitution read with Rule.2 of O. 45 of the Civil Procedure Code, praying for a certificate that it is a fit case for appeal to the Supreme Court.
(2.) To appreciate the point involved, the relevant facts have to be briefly summarised. Abinash Chandra, the applicant, was employed temporarily as junior Sub -Inspector of Police in July, 1949, by the Union Territory of Tripura, he was made permanent junior Sub -Inspector with effect from 2 -1 -1951, and was then promoted as Sub -Inspector on 9 -9 -1951. With effect from 1 -10 -1951 he was reverted to his substantive rank of junior Sub -Inspector and subsequently he was discharged from service on 8 -7 -1952. Having felt aggrieved, Abinash Chandra filed a suit on 2 -12 -1952 challenging the validity of the orders dated 1 -10 -1951 and 8 -7 -1952. The principal relief claimed was one of declaration that he was still a member of the Tripura Police Service in the rank of Sub -Inspector of Police. In addition, he asked for such other reliefs which the Court might deem he was entitled to. That suit was filed under Sec. 42 of the Specific Relief Act and so a court -fee of Rs. 10 was paid. The trial Court disposed of the suit on 21 -3 -1955 decreeing the reliefs that the plaintiff continued to be a member of the Tripura Police Service in the rank of Sub -Inspector and that he was entitled to arrears of salary for the period for which it had not been paid to him.
The defendants, who are the State of Tripura and the Superintendent of Police of Tripura, challenged the validity of the decree of the trial Court in an appeal filed in the Court of the District Judge. The District Judge allowed the appeal on 4th of January, 1958, when he quashed the decree of the trial court and remanded the case to it with the directions that the plaintiff be given an opportunity to amend the plaint claiming such further reliefs as may be open to him and that after retrial the trial Court will "decree the suit in part by giving a declaration in favour of the plaintiff that he still remained a member of the Tripura Police Force in the rank of Junior Sub -Inspector of Police at the date of the institution of the suit". The plaintiff amended the plaint, after remand, respecting his claim to arrears of salary. By judgment dated 30th of September, 1959, the trial Court gave a declaration to the plaintiff in the manner directed by the District Judge and awarded him, in addition, a decree in the sum of Rs. 10,564 by way of salary and allowances for the period 1 -5 -1952 to 30th of September, 1959.
(3.) The defendants this time challenged the decree of the trial Court by filing an appeal in this Court because the valuation or the suit after remand had gone beyond Rs. 5,000. When the appeal came up for hearing before this Court, the learned Government Advocate accepted as correct the declaratory part of the decree made by the trial Court. He therefore, confined his challenge to the money part of the decree only. Shri Jagannadhacharyulu, the then Judicial Commissioner, held in his judgment dated 20th of September, 1967 that the plaintiff was not entitled to any arrears of salary etc. for the double reason that since 1 -1 -1955 he (the plaintiff) had admittedly entered private service and so he was not entitled to claim any emoluments from the Government as he had violated the provisions of R. 12 (1) of the Central Civil Services (Conduct) Rules, 1955, and that the entire claim for arrears was barred by time.;
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