OAK, J. : This Second Appeal arises out of a suit to recover arrears of salary. Debi Prasad respondent was employed as a driver in the Government Roadways, Bareilly Division, at Shahjahanpur. He was dismissed from service on 19-2-1952. In 1952 he filed a suit against the State of Uttar Pradesh for a declaration that the order of dismissal dated 19-2-1952 was illegal and void. He also prayed for arrears of pay. That suit was decreed in Debi Prasad's favour on 24-9-1955. It was declared that the order of dismissal dated 19-2-1952 was void. The Court also passed a decree for Rs. 1,378/- for arrears of salary. In the year 1957 Debi Prasad filed against the State of Uttar Pradesh another suit to recover arrears of salary for the subsequent period. That is Original Suit No. 385 of 1957, out of which the present Second Appeal has arisen. In this suit filed on 22-2-1957 the plaintiff claimed a sum of Rs. 3,944/- on account of arrears of salary from 11-12-1953 to 10-2-1957. The claim was resisted by the defendant. The defendant pleaded that the plaintiff never reported for duty with the Government Roadways even after the decree dated 24-9-1955 in the previous suit. It was further p