UNION TERRITORY OF TRIPURA AND ANOTHER Vs. ABINASH CHANDRA GAUTAM

JUDGEMENT

(1.) THIS is an appeal filed by the Union Territory of Tripura and the Superintendent of Police, Tripura, against the judgment and decree of the Subordinate Judge, Tripura dated 30 -9 -1959 in Civil Suit No. 115 of 1954 declaring that the respondent Shri Abinash Chandra Gautam continues to be a member of Tripura Police Force in the rank of junior Sub -Inspector of Police (A.S.I.) and directing the appellants to pay him a sum of Rs. 10,564 towards arrears of salary, D.A., Compensatory allowance and cash allowance from 1 -5 -1952 to 30 -9 -1959.

(2.) SHORN of all details, which are no longer necessary for the purpose of the present appeal, the brief facts of the case are as hereunder:

(3.) THE defendants -appellants herein carried the matter in appeal to the District Court, Tripura in Civil Appeal 48 of 1955. The learned District Judge thoroughly discussed the facts and the evidence and allowed the appeal in part on 4 -1 -1958. He set aside the judgment and decree of the trial Court in part and remanded the suit to it with directions that the trial Court should give the respondent an opportunity to amend the plaint by adding reliefs which he could have claimed, that the trial Court should decree the suit in part by declaring that the respondent remained a member of the Tripura Police Force not in the rank of the Sub -Inspector but in the rank of the junior Sub -Inspector of Police on the date of the institution of the suit and that the trial Court should pass a decree for consequential reliefs, if proved or otherwise maintainable. Thus, the learned District Judge set aside the judgment and decree of the trial Court, in so far as the latter held that the respondent continued to be a member of the Tripura Police Force in the rank of the Sub -Inspector of Police and that the second appellant's order dated 1 -10 -1951 reverting the respondent to his permanent post was illegal. But the District Judge upheld the judgment and decree of the Subordinate Judge that the respondent continued to be a member of the Tripura Police Force in his substantive post, namely, the rank of the junior Sub -Inspector of Police.