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 y