Modi, J.—This is a civil regular second appeal by the State against the judgment and decree of the District Judge, Pratapgarh dated the 15th February, 1960, upholding the judgment and decree of the Civil Judge, Chittorgarh, dated the 28th July, 1959, in a suit for declaration.

2. The material facts leading up to this appeal may be shortly stated as follows. The plaintiff was appointed an Overseer on a five years contract by the State of Kotah, as it then was, on the 28th June, 1946, Ex. A-1. The State of Kotah was then integrated with the first United State of Rajasthan sometime in 1948 and thereafter with what may be called the larger United State of Rajasthan in 1949, which eventually became part B State of Rajasthan under the Constitution when it came into force on the 26th January, 1950. It is admitted between the parties that the services of the plaintiff were extended upto the 3rd February, 1952. There is nothing to show that thereafter there was any further order of the extension of his services by any competent authority. But the fact remains that the plaintiff continued to work as a surplus hand in the office of the Executive Engineer at Bhilwara until the 8th December, 195

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