JUDGMENT - V.S. Desai, J.

(1) The appellant, who is the original plaintiff, has filed a suit in forma pauperis in the City Civil Court at Bombay for declaration that the Memo. Dated 15th December 1956 terminating his service amounted to an order of dismissal and the same was illegal and wrongful and, therefore, he continued to be in Government Service on the same rank and on the same post from the date on which he was discharged and for recovering damages in the sum of Rs. 20,000 and costs of the suit. The suit was dismissed with costs by the Trial Court and against that decree of the trial Court the plaintiff has filed the present appeal in forma pauperis.

(2) The plaintiff, who had for some time worked in the Army, joined the Office of the Joint Controller of Imports and Exports as a temporary lower division clerk on 4th July 1946. On 16th November 1950, he was promoted as an upper division clerk but in April 1956, he was again reverted to the grade of lower division clerk. Against this revision the plaintiff filed a Writ petition in the High Court of Bombay. He, however, withdrew the same on the 12th December 1956. Thereafter by a memorandum dated 15th December 1956 the plaintiff

Click Here to Read the rest of this document