Judgement

SEN, J. :- This appeal on certificate directed against the judgment and order of the Jammu & Kashmir High Court dated September 29, 1961 raises a question as to whether the late Shri B. N. Nehru, father of the present appellants, (hereinafter referred to as the petitioner) was entitled to pension under sub-s. (3) of S. 28 of the Jammu & Kashmir Municipal Act, Samvat 1998, as amended by the Jammu & Kashmir Municipal (Amendment) Act, Samvat 2008, read with R. 5 of the Jammu & Kashmir Pension Rules. 1951.

2. The facts leading up to the appeal are as follows, On January 1, 1925 the petitioner was appointed to be the salaried President of the Municipal Committee, Srinagar. He continued to function as such till August 14. 1939 when he was abruptly removed from his office by an Order-in-Council dated August 8, 1939 on the ground of gross inefficiency. culpable negligence and deliberate evasion of responsibility. His appeal as well as the review to His Highness the Maharaja of Kashmir were withheld by Ramchandra Kak. the then Chief Secretary and he dismissed the same. In 1945 the petitioner brought Civil Suit No. 17 of Samvat 2002 in the Court of the District Judge for declaration