G.N. Ray, J. - (1.) This appeal is directed against the judgment dated 17th June, 1988 passed by the learned trial judge in C.R.No. 2256(W) of 1971. By the aforesaid judgment, the learned trial judge allowed the writ petition out of which the said Civil Rule arose and directed, inter alia, that the order of removal or dismissal from service of Bachan Singh on 21st September, 1963 would be set aside and the order of suspension would stand revoked. All arrears of salaries and allowances as payable to the said Bachan Singh on and from 21st September, 1963 till the date of death on 18th March, 1977 should be paid to the heirs and legal representatives. It was also directed that increments and revision of pay and allowances payable to the said Bachan Singh should also be paid to the heirs and legal representatives and they should also be paid the gratuity and provident fund which were due to the said Bachan Singh with interest from 18th March, 1977 within six weeks from the date of communication of the said order. The learned Judge further directed that in any event, an ad hoc payment of Rs. 10,000/ - should be made to the widow of the deceased within two weeks from the communication of the said order. It may be noted in this connection that the said Bachan Singh initially moved the writ petition but on his death, his heirs and legal representatives including the widow of the deceased, Sm. Harnam Kaur were substituted. Against the aforesaid judgment of the learned trial judge, the instant appeal was preferred by the District Electrical Engineers (M), Chittaranjan Locomotive Works, the General Manager of the said Locomotive Works and also Union of India through the Secretary, Ministry of Railways.
(2.) It appears that the said Bachan Singh was an employee of the Chittaranjan Locomotive Works and he was removed from service as a disciplinary measure on 21st September, 1963. Against such order of removal the said Bachan Singh moved a writ petition before this Court, but such writ petition was dismissed on the ground that the writ petition was not properly signed by Bachan Singh. Thereafter, a fresh writ petition was moved by the said Bachan Singh, but such writ petition was again rejected by the learned trial Judge on merits. Against such summary rejection of the writ petition , an appeal was preferred by the said Bachan Singh and the said appeal was allowed and the Appeal Court directed for issuance of a Rule 'Nisi' and the learned trial. Judge disposed of the said Civil Rule by the impugned judgment.
(3.) During the pendency of the said Rule. Bachan Singh died and his heirs and legal representatives were substituted by an order dated 18th August, 1981. In view of the death of the said Bachan Singh, the substituted heirs moulded the prayers by making an application for amendment and the Rule was ultimately assigned to the learned trial Judge on 10th October, 1985. It appears that on 11th October, i985, the matter was taken up for hearing and the judgment was reserved by the learned trial Judge. As aforesaid, only on 17th June, 1988, the learned trial Judge finally disposed of the Rule by passing the impugned judgment.;