JUDGMENT

BEG, J. :— This is an appeal by special leave against the judgment and other order of a Division Bench of the Allahabad High Court given by it on 17 November, 1969, dismissing a plaintiffs first appeal arising out of an original suit for a declaration that the order passed by the Commissioner of Income-tax, Lucknow, on 2nd April, 1956, reducing the appellant in rank from the post of an Income-tax Officer to that of an Income-tax Inspector, was void and inoperative. It appears that the appellant was in service upto 30th April, 1958, when he was prematurely retired. The appellant also claimed Rs. 20,904/- as arrears of salary but he reduced this claim to Rupees 16,561.29.

2. The appellant was originally appointed on 22nd November, 1922, as Lower Division Clerk, and, therefore, promoted as Income-tax Inspector in 1942. He was promoted to the post of Income-tax Officer in 1945. His case was that he had worked to the entire satisfaction of his immediate superior officers and higher authorities and had earned a number of certificates highly appreciative of his work. He was confirmed early in 1952 as an Income-tax Officer. he was, however, placed under suspension on 30th September