Onkareshwar Bhatt, J. - (1.) Heard Sri A. D. Prabhakar, learned counsel for the appellant. Neither any one is present on behalf of the respondent nor any counter-affidavit has been filed though the sole respondent has been personally served on 21.2.1997 and an affidavit of service to that effect is filed by the appellant.
(2.) The present second appeal arises out of decree and Judgment dated 1.8.1983 passed by VIth Additional District Judge, Meerut in Civil Appeal No. 76 of 1977 whereby the appeal has been dismissed. The first appeal was directed against the decree and Judgment dated 10.11.1976 passed in Original Suit No. 11 of 1974, Ved Prakash v. Union of India, by VIIth Additional Munsif, Meerut, whereby the plaintiff's suit has been dismissed.
(3.) The brief facts of the case are that the plaintiff-appellant has served as a Civilian School Teacher from 21.8.1950 to 5.2.1953 in Sikh Regimental Centre, Meerut. from 6.2.1953 to 6.1.1954 in Army Supply Corps Centre, North, Meerut and from 7.1.1954 to 7.6.1954 in Punjab Regimental Centre, Meerut Cantt. and since 8.6.1954 he was serving in C.D.A. Department. It has been pleaded that the service of the plaintiff appellant is/are governed by Civil Service Regulations, (hereinafter referred to as the Regulation). It has been pleaded that according to Article 418 (b) of the Regulation, the plaintiff is entitled to count the service from 21.8.1950 to 7.6.1954 for the purposes of : (i) Benefits of pension, seniority, gratuity, confirmation and promotion etc. (ii) For carrying of earned leave on the plaintiff's credit during the abovesaid period. (iii) For fixation of pay. (iv) For the entry of the above said period in service-book as the period spent on duty.;