G S DATTA (LT COL ) Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a civil second appeal arising out of a decree passed by the learned District Judge Udhampur dated 31 -5 -65 whereby he has dismissed the appellants suit as being barred under the proviso to S. 42 of the Special Relief Act.

(2.) THE plaintiff brought a suit on the allegations that he joined the J & K State Army which was later on taken over by the Union of India. The plaintiff was serving as a Lt Col when the Kashmir Army was taken over by the Union of India. The plaintiff had sustained an injury on account of an explosion resulting in the amputation of his right leg. The plaintiff was retransferred as Director of Rakhs and Farms. Then Shri Yuvaraj Karansingh who was then the Sadar - -i -Riyasat issued a Command on 8th June 53, on the recommendation of Maj Gen. H. L. Atal, retiring the appellant with effect from the date he would be relieved of his appointment, after allowing him the benefit of leave due to him. According to the plaintiff the retirement of the plaintiff would be on 16th July 54 and not on 8th June 53 and therefore he was entitled to the difference in the rate of pension which was consequential to the addition of one years service. The plaintiff prayed for a declaratory decree in which he sought a declaration to the effect that his date of retirement was 16th July 54 instead of 8th June 53 and that he was entitled to increase in his pension. He prayed for an injunction against the defendant.

(3.) I need not discuss all the issues that were raised in this case, because the issues decided by the learned Sub -Judge have not been considered by the learned District Judge. The learned District Judge has disposed of the case on one ground only i. e , for not including a consequential relief in the shape of a claim for arrears of extra pension.