Anil Kumar Sen, J. - (1.) This appeal from the appellate order is at the instance of the defendants in a money suit who happen to be the Commissioners of the Municipality of Garulia and the appeal is directed against an order of remand dated August 28, 1975, passed by the learned Additional District Judge, 9th Court, 24 Parganas.
(2.) The plaintiff-respondent (hereinafter referred to as the plaintiff) instituted the money suit No. 44/69 in the 8th Court of the Subordinate Judge at Alipore for recovery of a sum of Rs. 11,716.92 towards his arrears of salary and allowances and a sum of Rs. 203 98 towards interest from the defendants-appellants (hereinafter referred to as the defendants) on the following allegations.
(3.) According to the plaintiff, he was a permanent employee under the defendants and he was wrongfully suspended from service on December 18, 1956, and was thereafter wrongfully dismissed from service on May 7, 1957, by the defendants. The plaintiff challenged the validity of the aforesaid order of dismissal in an application under Ac tide 226 of the Constitution in this Court which was registered as C R 2398/57. This application succeeded and a Lamed single Judge of this Court allowed the said application and set aside the order of dismissal on March 20, 1958. The defendants preferred an appeal against the said order being F. M A 413/58. But the said appeal also failed and was dismissed on May 21, 1963. According to the plaintiff, it is only after the disposal of the above appeal that he was reinstated on July 30, 1963 But when he claimed his salary and allowances for the period he was kept oui of service, namely, from December 18, 1956 till July 29, 1963, the defendants delayed settling the said claim until October 30, 1966, when the defendants adopted a resolution to the following effect:- "Resolved that arrear payment from 18-2-56 to 29-7-63 be made vide Govt order No. 5010/175A-5/64 dated 6-8-65 after deducting the period of his trade from 1-4-58 to 31-3-64." Even after the aforesaid resolution was adopted, the arrear salary and allowances were not paid and, on the other hand, on November 8, 1966, the Municipality offered to pay a sum of Rs. 472 27 after deducting a sum of Rs. 11,238.73 from the total arrears of salary and allowances amounting to Rs. 11,716 02. According to the plaintiff, the defendants proposed to deduct the aforesaid sum of Rs 11,238.73 wrongfully as if the said amount had been earned by the plaintiff from his own trade during the period he was kept out of service. Hence, the plaintiff instituted the suit for recovery of the amounts referred to hereinbefore and the suit was so instituted on October 10, 1969.;