N.K.Kapoor, J.

1. This is defendants regular second appeal.

2. The plaintiff filed a suiL for declaration to the effect thaL he is an employee of the Border Security Force and hence is entitled to join service as well as to pay, powers and privileges of his service and the order of termination alleged lo have been passed by the authority is illegal.

3. Briefly put, the plaintiff was selected as a Head Constable who joined his duties on 30.9.1975. On 19.4.1982 he proceeded on sanctioned leave for 90 days. According to the plaintiff, he could not join the Battalion as he had no knowledge of its present location and so had been writing various letters to various authorities in the Border Security Force to know about the exact location of the Battalion so that he could rejoin but he did not receive" any reply. It is on August 20,1984 that he filed an application seeking permission to rejoin the Border Security Force to which he received reply dated 12.11.1984 that he cannot now be permitted to join ssrvicc as his services stand terminated. Hence, the present suit.

4. The defendants in their written statement stated that the plaintiff proceeded on leave on 19.4.1982 for 90 days