1. This is an appeal from an order of Subramonia Iyer, J. dismissing a writ application in limine.

2. The appellant was a Superintendent in the Government Secretariate, Trivandrum. By an order dated 2nd August 1949 he was placed under suspension. By a subsequent order of 8th September 1949 he was compulsorily retired from service. The second order stated that he will be given'full pension'. The application before the learned judge was to quash these orders and for a writ of mandamus or such other directions as the Court may think it necessary for reinstating the petitioner to his former office and to reimburse him for the loss of pay and other emoluments, for the period he was kept out of it. The learned judge dismissed the application stating that the second prayer was inadmissible even if the first prayer were to be granted and that in the circumstances of the case the petitioner had no 'cause of action' against the Government with respect to the first prayer. No notice was issued to the Government before the petition was dismissed.

3. Regard being had to the facts of the case, we do not think it necessary to pronounce upon whether the learned judge was right in his vie