Judgment

SINHA, C.J.I. : This appeal, by special leave, is directed against the judgment and decree dated February 17, 1960, of the City Civil Court at Calcutta, decreeing the plaintiffs suit for a declaration and consequential reliefs, to be hereinafter noticed. The appeal arises under very special circumstances, the most notable feature of the case being that it comes direct to this Court from the judgment and decree of the Trial Court, without having gone through the ordinary process of appeal to the High Court of Calcutta. The reason why this happened was that the High Court of Calcutta, and the sitting judges of that Court, were the appellants, having been the principal contesting defendants in the Trial Court, and, therefore, could not, in all propriety, have heard the appeal. That was the reason why special leave was granted to appeal from the judgment and decree of the Trial Court itself.

2. In order to bring out the points in controversy, it is necessary to state the following facts. The plaintiff, who is now functioning as an Additional District and Sessions Judge, was, at the date of the suit filed on September 4, 1958, a member of the West Bengal Civil Service (Judicial)