JUDGMENT

JASWANT SINGH, J. :This appeal by special leave is directed against the judgment and decree dated January 3, 1975 of the High Court of Judicature at Allahabad setting aside the judgment and decree dated July 27, 1965, of the Second Additional Civil Judge, Jhansi, whereby the latter affirmed the judgment and decree of the trial Court dismissing the respondents suit for declaration that order dated November 29, 1961, passed by the Superintending Engineer, Circle IV Irrigation Works, Jhansi, U. P. terminating the services of the respondent was void and ineffective in law and he was entitled to recover a sum of Rs. 2147/- as arrears of pay and dearness allowance from the appellant.

2. The facts leading to this appeal are : The respondent herein was appointed as a temporary clerk in Gur Sarain Canal Division, Jhansi, on May 16, 1954. Seven years later, the respondent was required to appear in a departmental examination which was held in July, 1961. On July 12, 1961, an optional typewriting test was held by the Department. In that test the Executive Engineer, Investigation and Planning Division, Jhansi, it is alleged, detected Gopal Deo Santiya, a clerk of Bhander Canal Division,