( 1. ) APPELLANT-DEFENDANTS have challenged the judgment and decree passed by Fourth Additional District Judge, Gwalior, in Civil Suit No. 10-B of 1976 dated 21st August 1978 in this Court, by this appeal filed under section 96, Civil procedure Code.

( 2. ) RESPONDENT-PLAINTIFF filed a suit against appellant-defendants for the back salary and other benefits, amounting to Rs. 15,240. 00 on 10-12-1974 in the trial Court. According to the plaintiff, he entered the service of the appellants-defendants in 1948 as a Lower Division Clerk. In 1960 he was promoted as Upper Division Clerk, and he continued to work in the same post till 10-12-1971, when he was retired. Vide order and letter dated 21-10-1970, the Commissioner, Municipal Corporation, Gwalior, intimated the plaintiff that he would be retired from the service with effect from 10-12-1971 and, therefore, he should avail all the benefits of leave due to him. Consequent upon it, the plaintiff applied for earned leave and other leave benefits to be given to him from 3-11-1970 or 11-12-1971. The appellant-defendants sat over this application upto 23-6-1973, and it was only on 24-6-1973 that the Standing Committee by its resolu