MRIDUL, J. :- These two companion appeals arise out of the judgment and decree dated 30th November 1966, rendered in Special Civil Suit No.48 of 1964, filed in the Court of the Civil Judge, Sr. Dn., at Nasik. By the said judgment and decree, the claim of the plaintiff was partially allowed against the defendant.

2. The plaintiff was an employee of the Maharashtra State Road Transport Corporation, (hereinafter referred to as "the said corporation"), and was working as a cashier-cum-reservation clerk. The date of birth of the plaintiff being 24th October 1905, under the rules of the corporation, the plaintiff was liable to retire on 24th October 1963. The plaintiff, however, was dismissed by the Corporation on 15th July 1953. Aggrieved by the dismissal, the plaintiff filed a Regular Civil Suit No.257 of 1957 on 14th March 1957, inter alia claiming a declaration that the order of dismissal was wrong and for consequential reliefs. The said suit was dismissed by the learned trial Judge on 26th August 1959. In appeal preferred therefrom, the appellate Court by its judgment and decree dated 12th December 1961, decreed the plaintiff's suit. It gave a declaration in favour of the pl