JUDGMENT

Jagdish Sahai, J. - These are two connected special appeals which arise in the circumstances mentioned below: Har Saran Dass the appellant in Sp. A. No. 178 of 1960 and Rashid Uddin the appellant in Sp. A. No. 179 of 1960 were employed as peons in the Municipal Board of Hapur (hereinafter referred to as the Board). The permanent Executive Officer of the Board was one Sri Agarwal. Early, in April 1958, he went on medical leave for a period of three months. There was some dispute as to on what date he handed over charge. According to one version it was on the 3rd of April, 1958, that he did so while according to the other it was on 7th April, 1958. He, however, extended his leave by a further period of three months, with the result that he was away from duty from the 3rd of April, 1958, to some date of October of the same year. Sri Mittal was the President of the Board at that time. He appointed Sri Oberoi, the Tax Superintendent, to officiate as Executive Officer. Sri Oberoi took over charge on the 7th of April, 1958, and handed it over to Sri Firasat Ali on the 26th of April, 1958 on the latter's being appointed as the Executive Officer by Sri Mittal. Sri Firasat Ali went o