Judgement

N. H. GHAGWATI, J. : This appeal with special leave under Art. 136 of the Constitution raises an interesting question of limitation.

2. The appellant was appointed an Overseer by the Municipal Board, Kanpur, on 5-3-1937, with the approval of the Superintending Engineer, Public Health Department. Lucknow. He was confirmed by the Board s special resolution dated 2-7-1938, and continued in employ up to 19-3-1951, when a copy of the resolution No. 1723 passed by the Board on 5-3-1951, purporting to dismiss him from employ was handed over to him. Against the said resolution dated 5-3-1951, the appellant filed an appeal to the Uttar Pradesh Government on 7-4-1951, but was informed by a G. O. dated 7-4-1952, that his appeal had been rejected. This information was received by him on 8-4-1952. Thereafter on 8-12-1952, the appellant filed the suit out of which the present appeal arises, being Suit No. 257 of 1953 in the Court of the Additional Civil Judge. Kanpur, impleading the Municipal Board, Kanpur, Shri S. B. Gupta, Municipal Engineer, Shri Brahmanand Misra, the then Chairman of the Municipal Board and the Government of Uttar Pradesh as defendants and challenged the legality of