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1971 Supreme(All) 311

J. S. TRIVEDI
Kedar Nath Misra – Appellant
Versus
Municipal Board – Respondent


Advocates appeared:
S.K. Tiwari, Advocate, For the Appellant / R.N. Bhalla, Advocate, For the Respondent

JUDGMENT

J.S. Trivedi, J. - This plaintiff's Second Civil Appeal is directed against the judgment and decree of the Civil judge, Mainpuri, confirming the decree of the trial Court. The brief facts are that the plaintiff-appellant was a Toll Tax Inspector employed with the respondent Municipal Board. He was dismissed on 22-10-1956. An appeal was filed by him and the appeal was allowed and he was reinstated on 15-4-1957. The appellate authority also allowed him full pay for the period he had been out of service. The appellant resumed duties on 1-5-1957. He was again dismissed with effect from 9th October, 1959. He then approached the Board for payment of his arrears of pay. As a writ petition (Civil Misc. Writ No. 2084 of 1957) was pending in the High Court, the Board replied by letter dated 10-12-1957 that steps would be taken on his representation after the decision of the High Court. Again, by letter dated 23-8-1958 the appellant was informed that his representation would be considered after the receipt of the orders of the Government to whom his case had been referred. As the arrears of pay claimed by him were not paid, the suit out of which this appeal arises was filed after due

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