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1992 Supreme(P&H) 973

N.K.KAPOOR
Naresh Chand Advocate – Appellant
Versus
Punjab State Electricity Board – Respondent


Judgment

N.K.Kapoor, J.

1. This is plaintiffs appeal against the judgment and decree dated 31-8-1978 passed by Senior Sub Judge, Patiala whereby the suit for recovery of Rs. 20,325 60 as arrears of pay and other allowances was dismissed.

2. Plaintiff filed a suit in forma paupris for recovery of the amount against Punjab State Electricity Board with the averment that he was an employee of the defendant-Board whose services were wrongly terminated w.e.f. 8-8-1965. This order of termination was set aside by the Civil Court and the plaintiff was deemed to be in service and so is entitled to pay and the allowances It is further the case of the plaintiff that after seeking the declaration from the Court he filed a suit for recovery of the amount due i.e. pay upto 15-111973 which claim was also decreed by the Court. Since no appeal was filed against this judgment and decree, the same became final between the (parties It is, thereafter, that the present suit was filed on 1-12-1976 seeking arrears of pay and allowances from 16 11-1973 upto date i.e. Rs. 20,325.60. Defendant Board put in appearance and filed written statement. It was admitted that the termination of service of plaintiff was



























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