1. This is a suit against the Union of India instituted by an officer of the Indian Army for a declaration that his dismissal from service was wrongful. He seeks other reliefs also including damages and his claim for damages aggregates to Rs. 1,07,012/-. The defendant has raised various contentions. One of the contentions is that the suit is barred by limitation.

Another contention is that apart from the merits of the case the plaintiff, as a member of the defence service, held office during the pleasure of the President by virtue of Article 310 of the Constitution and was, therefore, dismissible at will. Two preliminary issues as to limitation and maintainability of the suit have been tried by me at the instance of learned counsel for the defendant. The question of limitation may conveniently be considered after the plea of maintainability is examined.

2. The suit in my judgment fails in limine and I shall only succinctly state the plaintiffs case. The plaintiff began serving the Government of India as a civilian clerk in the Indian Army Service Corps. He was enrolled as a non-combatant in July 1927. According to him he was promoted to the principal Division in April 1930 an