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SUPREME COURT OF INDIA
A.M. AHMADI, C.J.I. AND M.M. PUNCHHI, J.
NAND KISHORE
Versus
STATE OF PUNJAB.
Civil Appeals No. 632 of 1975 {From the Judgment and Decree dated 13-2-1974 of the Punjab and Haryana High Court in R.F.A. No. 156 of l965} with No. 8812 of 1995 {From the Judgment and Order dated 5-2-1962 of the Punjab and Haryana High Court in W.A. No. 1061 of 1961}
Decided on 21-9-1995
Advocates appeared:
Manmohan and Ms Urmila Sirur, Advocates, for the Appellant in C.A. No. 632 of 1975. Manmohan and Ms Kamini Jaiswal, Advocates, for the Appellant in C.A. No. 8812 of 1995.
R.S. Yadav and G.K. Bansal, Advocates, for the Respondent.
JUDGMENT
PUNCHHI, J.- Whether the plea of constructive res judicata was rightly raised against the appellant, in the facts and circumstances of this case, is the significant question, which arises for determination in this appeal by special leave, against the judgment and decree dated 13-8-1974 of the Punjab and Haryana High Court at Chandigarh, in Regular First Appeal No. 156 of 1965.
2. Supportive of the above-said appeal is a highly belated special leave petition, invited by this Court on 6-12-1990 from the appellant, against the judgment and order dated 5-2-1962 of the Punjab High Court at Chandigarh in Writ Application (Civil) No. 1061 of 1961, in circumstances which we will mention later.
3. These can conveniently be disposed of by a common order.
4. The facts involved are not in dispute. A brief resume thereof will suffice. The appellant, Nand Kishore joined service in the erstwhile Patiala State in May 1941. On the formation of Pepsu State he was taken as an Assistant with effect from 1-9-1956. On the merger of Pepsu with the State of Punjab, he was integrated as an Assistant in the Punjab Civil Secretariat at Chandigarh, in the Food Distribution Branch. Having completed ten years qualifying service he was compulsorily retired on 6-1-1961 from the service by an order in the following terms:
"ORDER OF THE GOVERNOR OF PUNJAB
Sanction is accorded under the provisions of Rule 5.32(b) of the Punjab Civil Services Rules, Volume II, to the compulsory retirement from government service of Shri Nand Kishore, Assistant Food Distribution Branch, Punjab Civil Secretariat with immediate effect.
2. He will be entitled to such proportionate pension and death-cum-retirement gratuity as may be admissible under the rules.
Chandigarh
Dated 6th January, 1961
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