JUDGMENT

FAZAL ALI, J. :— This appeal by special leave is directed against a judgment and decree dated February 11, 1969 passed by the Allahabad High Court modifying the decree passed by the lower Appellate Court and decreeing the plaintiffs claim for arrears of salary, etc., for a period of three years from the date of the suit adding two months to this period. The facts of the case lie within a narrow compass and may be summarised thus.

2. Zamirul Hassan (hereinafter refered to as the employee) was employed as a tubewell technician in the Irrigation Department of U. P. Government (hereinafter referred to as the Government). In the year 1954, Zamirul Hassan was posted at Lucknow and was drawing a salary of Rs. 110/- per month plus Rs. 30/- as Dearness Allowance. He was granted medical leave from 15th February, 1954 to 24th April, 1954 after which he applied for extension of his leave which was, however, refused. Accordingly the employee reported for duty on 20th April, 1954 but he was not given charge of office on that date. Instead the employee was served with notice dated 27th March, 1954 terminating his services with immediate effect on the ground that he had reached the age of