S. B. Capoor, J.

1. This is a regular second appeal against the Judgment and decree, made in appeal, of Sri Rameshwar Dayal, additional District Judge, Delhi, whereby he maintained the judgment and decree of a Subordinate Judge of the First Class, Delhi, decreeing Dharam Singh plaintiffs suit for declaration as well as arrears of salary and allowances against the Delhi Road Transport Authority.

2. Originally the plaintiff had filed a suit for declaration to the effect that the order of dismissal passed against him was illegal and wrongful and that he was entitled to be treated as continuing in the service of the defendants, who then were the Union of India and the Chairman of the Delhi Road Transport Authority. That suit was withdrawn in view of certain objections made by the defendants, that there was a settlement of the counsel for the plaintiff dated 11 May 1954, to the effect that the plaintiff did not claim to be a Government servant or to be governed by the fundamental rules or the Constitution of India qua his status as a Government servant. An amended plaint was filed on 7 July 1955, and the Union of India was given up as a defendant. The further objection taken by