- (1.) This is a plaintiff's appeal against the judgment and decree dated 29-5-1969 passed by the Temporary Civil and Sessions Judge, Varanasi in Civil Appeal No. 55 of 1968 confirming the decree of dismissal of the appellant's suit dated 30-5-1967 passed by the City Munsif, Varanasi in Original Suit No. 657 of 1965.
(2.) The appellant is an employee of Life Insurance Corporation of India, respondent No. 1, hereinafter called the Corporation. He joined the services of the corporation in Feb., 1958. The appellant claimed the following reliefs in the suit: (1) Declaration that he was appointed to the post of an Assistant in the Corporation's Varanasi Office with effect from 25-2-1958. (2) Declaration that he was confirmed as an Assistant after the expiry of the period of probation on or before 1-12-1958, and (3) Declaration that he was entitled to draw salary as an Assistant from the date of appointment i. e. 25-2-1958.
(3.) Briefly stated the case of the appellant was that he was an Assistant in the Corporation from 25-2-1958, that he was on probation, that in Dec, 1958 he was offered the post of Record Keeper which he accepted because notice of termination of his services was given to him that his acceptance of the post of Record Keeper was under pressure and undue influence, that he continued to work as an Assistant up to 31-3-1958 and was paid the salary of an Assistant up to that date and that thereafter his appointment as a Record Keeper amounted to his retrenchment from the post of an Assistant with effect from 1-1-1959, that under the rules he was to be deemed confirmed on the post of Assistant with effect from 1-12-1958.;