Kanta Bhatnagar, J. - (1.) Appellants are the defendants in a suit filed by the respondent Bhanwarlal for recovery of Rs. 3050/- in the Court of Additional Civil judge, jodhpur. The suit was dismissed by the learned Additional Civil Judge. In appeal filed by the plaintiff-respondents that judgment was set aside and the suit of the plaintiff for an amount of Rs. 3050/- was decreed.
(2.) Dissatisfied by that judgment and decree the appellants have filed this appeal in this Court.
(3.) Briefly stated the facts of the case relevant for the disposal of this appeal are that Bhanwarlal respondent was appointed as a teacher on temporary basis on 1-9-54 and remained posted at Chadikhas and Sawara. On 2-10-59 his services were transferred to Panchayat Samiti, Bap by the Education Department and thereafter he served as a permanent teacher at the village Chokhu. On account of some domestic trouble he submitted his resignation from service on 9-2-1961. On 25-2-1961 he withdrew his resignation Despite that withdrawal Panchayat Samiti, Bap accepted his resignation on 7-3-1961 the plaintiff made representations against the order accepting his resignation but without any fruit. Subsequently Panchayat Samiti realised its mistake and reinstated the plaintiff by passing a resolution to that effect on 10-4-1963. While reinstating the plaintiff the Panchayat Samiti ordered that the period between 7-3-1961 and 21-6-1963 should be treated as leave without pay. By filing the suit the plaintiff sought a declaration that the order of the Panchayat Samiti treating the period as leave without pay was illegal and without jurisdiction. He prayed for payment of Rs. 3050/- being the salary for that period.;