- (1.) THIS revision has been referred to a Division Bench toy the order of Verma, J. , dated 4 November 1968, on account of difference of opinion between two single Judge decisions of this Court, which will be adverted to later on.
(2.) THE facts giving rise to the revision are that in 1969, the applicant, Satya Narain Lal, was working as assistant station-master, West Cabin Chheoki, on the Northern Railway. On 2 August 1959, a train collision took place at West Cabin Chekki, with the result that the applicant was suspended that very day (2 August 1959) and, after enquiry, was removed from service on 22 April 1961. His departmental appeal was dismissed on 3 February 1962, whereafter he filed Suit No. 36 of 1962 in the Court of the Civil Judge, Allahabad, for a declaration that his dismissal was illegal and that he continued to be in service By his judgment and decree dated 7 November 1963, the Civil Judge decreed the suit in these terms: The suit is decreed and it is hereby declared that the order of removal of plaintiff from service by the order of defendant 2 with effect from 22 April 1961 is invalid and illegal and the plaintiff 1b still continuing in service.
(3.) AFTER obtaining the above declaratory decree from the Court of the Civil Judge Allahabad, the application sported for duty and made various application to the rail way authorities concerned from 9 November 1963 to 13 January 1964 praying for his posting and payment of the balance of his accumulated salary, after adjustment of the subsistence allowance already received by him, but there was no response from the railway authorities. .;