BAL RAJ TULI, J.

1. The petitioner (Parkash Chand) was recruited as a clerk as a the Punjab Public Works Department (Buildings and Roads Branch), in February, 1938, and was promoted as senior clerk in May, 1945, and as Head Clerk in September, 1946. He was dismissed from service on July 19, 1964, while serving as Head Clerk at Hissar. He challenged that order of dismissal by way of a suit for declaration that the order of his dismissal was illegal, ultra vires, unconstitutional and mala fide and that he continued to hold the post of Head Clerk in the State of Punjab with all the privileges of the service. The learned trial Court found that the order of dismissal had not been passed by the competent authority and, therefore, it was bad in law. He, accordingly, decreed the suit of the petitioner on May 8, 1969. That decree was affirmed by the District Judge in appeal on February 11, 1970. Against the appellate decree, the State of Punjab filed an appeal (R. S. A. 1330 of 1970) in this Court which was dismissed in limine by our learned brother Mahajan, J., on September 23, 1970. An application for permission to file a Letters Patent appeal was dismissed by the learned Judge al