JAGAT RAM ARYAN Vs. JAMMU AND KASHMIR STATE AND OTHERS

JUDGEMENT

(1.) THIS is an appeal from the Judgment of a Single Judge of this court, dated November 29, 1969, refusing permission to the appellant to sue in Forma Pauperis on the ground that the cause of action is barred by limitation.

(2.) THE application was filed by the appellant on 12 -2 -1969 for permission to sue in Forma Pauperis for recovery of sum of Rs. 1,00,00,000/ - (Rupees one crore) as "special damages" from the respondents. It is alleged that the appellant was appointed as a Special Officer for Harijans on 16 -4 -1948 in the grade of Rs. 200 -30 -300, but the respondents 2 and 4, who are the Ex Prime Ministers of this State, and respondent No. 3, who is the Ex Revenue Minister of the State hatched a conspiracy in 1950 against the appellant for ousting him from service, because, he did not fall in line with them to act against the interest of India and carve out an independent State of Jammu and Kashmir outside the Indian Territory. It is alleged that as a result of the same conspiracy they suspended him from service without any written order or charge. A series of malicious prosecutions were taken against him, and he was convicted and driven from one Jail to another. It is also alleged that his property was confiscated. The process of his prosecution continued from 1950 right upto September, 1963 when he was acquitted in the last criminal case. After his acquittal in the last case, he applied to the present Chief Minister for his re -instatement with all his past salary with increments and benefits of pension. He was, however, informed on 3 -7 -1967, by the Deputy Secretary to Government, General Department that the Government had no reasons to open his case. He, thereafter, approached the Chief Minister, but with no result. On 3 -7 -1967 he served the respondents, including respondent No. 1, the Chief Secretary to Government with a notice under Section 80, Civil P.C. claiming the damages of one crore of rupees as special damages, describing the respondents as joint tort -feasors. The special damages have been claimed for loss of salary, pension, and mental, physical, and nervous break down of the appellant's health amongst others. It was further alleged that the appellant has no sufficient means to pay the necessary court fees on the amount claimed.

(3.) THE appellant examined some witnesses in support of his means to prove his incapacity to pay the necessary court -fees, and this plea was conceded by the learned counsel appearing on behalf of respondent No. 1. The learned single Judge has, however, held that the appellant's claim for arrears of salary, even if it were to be assumed that he was appointed to a permanent post, and was only suspended, and not removed from service in 1950, is barred by limitation within the meaning of Article 73 of the State Limitation Act, which prescribes a period of three years limitation for a suit for wages, not expressly provided for, and that the term, 'wages' includes salary. He has. further held that the appellant, if he had continued in service would complete the age of his retirement at 55 years in 1962, and that his claim for salary, if any, is hopelessly time barred, for this application was filed beyond several years after three years, when his salary became due.