Judgement

SIKRI, J.: This appeal by special leave arises out of the suit filed by Bhaishankar Avalram Joshi, hereinafter rerented to as the plaintiff for a declaration that the order of dismissal, dated February 2/4, 1955, passed by the Inspector General of Prisons, Saurashtra, was illegal and void on the ground that it contravened the provisions of Article 311 (2) of the Constitution. The plaintiff also prayed for a decree for Rs. 2,690/- being arrears of his pay from April 1, 1954, to May 7, 1956.

2. The plaintiff failed before the Civil Judge, Rajkot, but on appeal succeeded before the District Judge, Central Saurashtra, inasmuch as he declared the order dated February 2/4, 1955, illegal and void. The plaintiff appealed to the High Court claiming arrears of salary and the State of Bombay filed cross-objections praying that the suit be dismissed. The second appeal was heard by the High Court of Gujarat (Miabhoy J. who directed that the decree passed by the lower appellate court "be varied so as to show that the appellant (plaintiff) continued to be in Government service till date of the suit only and there will be a decree for Rs. 2,690/- being arrears of pay due to the appellant (