DEOKI NANDAN
JANARDAN MISRA – Appellant
Versus
STATE OF U. P. – Respondent
( 1 ) THIS is a plaintiffs second appeal in a suit for declaration that the plaintiffs "so-called" resignation dated 4th February, 1964 was null and void, inoperative and illegal and for recovery of Rs. 1,200/- as arrears of pay etc. , and for a further declaration that the plaintiff continues in service as House Visitor in the Malaria Eradication Programme and is entitled to his arrears of pay and allowances etc. , till such time as the plaintiff is allowed to join his service. The suit was filed on 27th February, 1965 by presenting an application for permission to sue in forma pauperis. It was registered as a suit on 20th December, 1965. The trial Court decreed the suit by saying that the plaintiff is declared to be in service entitled to the arrears claimed and pendente lite and future emoluments, and further that "the impugned resignation and order accepting the same are declared to be illegal, null and void. " The lower appellate court allowed in part the appeal filed by the defendant State of Uttar Pradesh and its officers who were the other defendants. The decree of the trial court was modified and the suit was decreed only to the extent that the plaintiff w
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