R.K.NEHRU, J. - (1.) THE judgment disposes of Regular Second Appeal Nos. 1046 of 1979 and 1166 of 1984.
(2.) REGULAR Second Appeal No. 1046 of 1979 is directed against the judgment and decree of the first Appellant Court dated January 30, 1979 reversing on appeal those of the trial Judge and decreeing the suit of the respondent for the recovery of Rs. 12,296/- with costs. Regular Second Appeal No. 1166 of 1984 is directed against the judgment and decree of the first Appellant Court dated January 24, 1984 affirming on appeal those of the trial Judge decreeing the suit of the plaintiff-respondent for the recovery of Rs. 54065. 36 Paise. 4. Facts : Nirmal Singh plaintiff-respondent (herein-after the plaintiff) was appointed as Head Clerk by the Panchayat Samiti, Bhogpur (for short the Samiti) on the recommendation of the Selection Committee vide order dated January 16, 1967. The Samiti terminated his services vide order dated April 1, 1967. Subsequently the post of Head Clerk was also abolished. The plaintiff successfully challenged the order of termination in appeal before the Deputy Commissioner, Jalandhar. The plaintiff asked the Samiti to assign him the duties but the Samiti did not receive the orders of the Deputy Commissioner. It did not assign him the duties nor paid him arrears of salary, which led to the filing of the suit. The Samiti defended the suit on the ground that the order of Deputy Commissioner, Jalandhar was patently without jurisdiction.
(3.) THE post of Head Clerk was rightly abolished and as such the plaintiff had no right to maintain the suit.;