S.B.Kapoor, J.

1. This regular second appeal raises an interesting legal point which is so unique that no direct authority could be cited by the learned counsel for the parties.

2. The suit from which this appeal has arisen was instituted as far back as the year 1959. The plaintiff prayed for a declaration that the order elated the 1.08.1957, passed by the State Bank of Patiala posting him as an Accountant in its Branch at Narnaul de f rading him from the post of Manager ol Kasauli Branch was illegal, mala fide and ultra vires. In addition to claiming some house-rent allowance, he also prayed for a declaration that the withholding of the plaintiffs promotion from 1-1-1952 was illegal, mala fide and an act of discrimination and that he was entitled to promotion to that grade from the aforesaid date. The plaintiff also challenged the order of his premature compulsory retirement dated the 7th June, 1958. contending that it was void and that the plaintiff still continued to be in service. A money claim as regards arrears of salary and future salary, which would accrue to him, was also made. The defendant was initially the State of Punjab and subsequently the State Bank of Patia