Full Judgment Text
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PETITIONER:
STATE OF MADHYA PRADESH
Vs.
RESPONDENT:
STATE OF MAHARASHTRA & ORS.
DATE OF JUDGMENT05/01/1977
BENCH:
RAY, A.N. (CJ)
BENCH:
RAY, A.N. (CJ)
BEG, M. HAMEEDULLAH
SINGH, JASWANT
CITATION:
1977 AIR 1466 1977 SCR (2) 555
1977 SCC (2) 288
CITATOR INFO :
R 1980 SC1773 (21)
ACT:
Code of Civil Procedure, Order 2 Rule 2, bar under, when-
operates-- Whether applicable when omission to sue has
occurred by lack of knowledge or absence of right to claim.
Limitation Act, s. 2(1), application to claim for sal-
ary--Whether effected by suspension or dismissal
order--Whether salary accrues while such orders remain
operative.
HEADNOTE:
Dismissing the appeal, the Court,
HELD: (1) A litigant will be barred under Order 2 Rule 2
of the C.P.C. only when he omits to sue for or relinquishes
the claim in a suit with knowledge that he has a right to
sue for that relief. A right which he does not know that
he possesses or a right which is not in existence at the
time of the first suit is not a "portion of his claim"
within the meaning of Order 2 Rule 2 of the C.P.C. The crux
of the matter is presence or lack of awareness of the right
at the time of first suit. [561D-E, 562-B]
Amant Bibi v. Imdad Hussain 15 I.A. 106 at 112, applied.
Om Prakash Gupta v. State of Uttar Pradesh [1955] 2
S.C.R. 391, distinguished.
High Commissioner for India v. I. M. Lall 75 I.A. 225;
Province of Punjab v. Pandit Tara Chand [1947] F.C.R. 89;
State of Bihar v. Abdul Majid [1955] 1 S.C.R. 286, referred
to.
The bar under Order 2 Rule 2 of the C P.C. cannot oper-
ate when the litigant’s cause of action in an earlier suit
is totally different from the cause. of action in a later
suit. [562-C]
Pawana Reena Saminathan v. Palaniappa 41 I.A.142, applied.
(2) During the period of suspension the plaintiff was
not entitled to salary under Fundamental Rule 53. The cause
of action for his salary for such period did not accrue
until he was reinstated as a result of the decree setting
aside the orders of suspension and of dismissal. [563C-D]
Jai Chand Sawhney v. Union of India, [1970] 3 S.C.R. 222
and Sakal Dean Sahai Srivastava v. Union of India, [1974] 2
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S.C.R. 485, distinguished.
(3) Under Fundamental Rule 52 the pay and allowance of a
Government servant who is dismissed or removed from service,
cease from the date of his dismissal or removal. Therefore,
there would be no question of salary accruing or accruing
due so long as orders of suspension and dismissal stand.
[564 B-C]
Khem Chand v. Union of India, [1963] Supp 1 S.C.R. 229,
followed.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No.. 1870 of
1968.
(From the Judgment and Decree dated 6-3-1967 of the
Bombay High Court (Nagpur Bench) in Appeal No. 101/59.)
I. N. Shroff and H.S. Parihar, for the appellant.
S.B. Wad and M.N. Shroff, for respondent No. 1.
556
A. S. Bobde, G.L. Sanghi, V.K. Sanghi, Miss Rama Gupta
and M.S. Gupta, for respondent No. 2.
The Judgment of the Court was delivered by
C.J.--This appeal is by certificate from the judgment
dated 6 March, 1967 of the High Court of Bombay.
The appellant is the State of Madhya Pradesh. The first
respondent is the State of Maharashtra. The second
respondent is the plaintiff-decree holder. They will be
referred to, for short, as Madhya Pradesh, Maharashtra and
the plaintiff.,
The trial court passed a decree in favour of the plain-
tiff. It was declared that the order dated 9 January, 1954
of the suspension of the plaintiff as well as the. order of
removal of the plaintiff from service passed on 2 February
1956 is illegal, void and inoperative. The further declara-
tion was that the: plaintiff shall be deemed to be continu-
ing in service from 16 September, 1943. A sum of Rs. 64,
588-2-0 was decreed in favour of the plaintiff and Bombay
the predecessor of Maharashtra was ordered to. pay the same
with interest. Both Madhya Pradesh and Maharashtra were
ordered to pay costs to the plaintiff.
Maharashtra preferred an appeal against the decree.
Madhya Pradesh preferred objections against the order of
costs.
The High Court confirmed the decree and the declara-
tions. The High Court however modified the decree and held
Madhya Pradesh liable. The claim of the plaintiff against
Maharashtra was dismissed.
The plaintiff was appointed Assistant Medical Officer
in 1938. In 1939 he was appointed officiating Assistant
Surgeon. He was posted at Elichpur (now Achalpur). In
1942 he was transferred to Hoshangabad. In 1943 he ap-
plied for medical leave for four months. The Civil Surgeon
recommended leave for six weeks. The plaintiff again ap-
plied for leave in the month of August, 1943. The leave
was sanctioned by the Civil Surgeon. The plaintiff then
requested the Civil Surgeon in anticipation of sanction of
leave by the Government for relief because he was not keep-
ing good health. The Civil Surgeon then reported to the
Government that the plaintiff absented himself from duty
from 10 August, 1943 without leave. The Government sanc-
tioned leave for six weeks. On 28 September, 1943 the
plaintiff was suspended by an order with effect from 16
September, 1943.
The plaintiff was served with a notice dated 30 September,
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1943 to show cause why he: should not be dismissed from
service. Four charges Were levelled against the plaintiff.
First, that he refused to come to duty at the time of epi-
demic in August, 1943; Second, that he left his station
without permission. Third, that he refused to attend the
Departmental enquiry when ordered to do so. Fourth, that
he wilfully and deliberately acted in total disregard of
orders and absented himself from duty though he was declared
to be fit to. resume duty.
557
The Enquiry Officer by report dated 22 February, 1945
gave his findings that the first charge was not proved; that
the second charge was proved but mitigated and the third and
the fourth charges were technically proved.
On 21 June, 1945 the plaintiff was asked to show cause
why he. should not be dismissed or reduced in rank. On 18
August, 1945 the Government of Central Provinces and Berar
intimated to the plaintiff that the Government accepted the
report of the Enquiry Officer and proposed to remove the
plaintiff from service with effect from the date of the
passing of the final order. By order dated 7 November, 1945
the Provincial Government passed an order removing the
plaintiff from service with effect from that date. On 10
May, 1945 the plaintiff filed an appeal to the Governor but
it was dismissed.
On 6 January, 1949 the plaintiff filed a suit in the
court of the Second Additional District Judge, Nagpur. By
judgment dated 31 August, 1953 the District Judge held that
the suspension order and the order of dismissal were illegal
and declared the plaintiff to. be deemed to. continue in
service. The plaintiff was thereafter reinstated in service
aS Assistant Surgeon on 12 December, 1953. He was posted
at Rays Hospital, Nagpur on 15 September, 1953.
On 13 January, 1954 the plaintiff was again suspended
from service under order dated 9 January, 1954. The plain-
tiff handed over charge on 13 January, 1954. On 1 February
1954 the plaintiff was served with a notice dated 29 Janu-
ary, 1954 to show cause why he should not be removed from
service. The former report of the Enquiry Officer dated
22 February, 1945 was also given to the plaintiff. On 2
February, 1956 the plaintiff was removed from service. He
appealed to the Governor. The appeal was dismissed.
On 6 October, 1956 the plaintiff filed this suit in the
court of the Joint Civil Judge, Nagpur against Madhya Pra-
desh and Maharashtra. The plaintiff asked for a declaration
that the order dated 9 January, 1954 suspending the plain-
tiff as well as the order dated 2 February, 1956 is illegal.
The plaintiff asked for a declaration that he is deemed
to continue in service. He claimed recovery of Rs.
64,588-2-0 as arrears of salary.
The plaintiff in his suit alleged that both Maharashtra
and Madhya Pradesh are "liable to make good the plaintiff’s
claim the liability for which is not exclusive but joint and
several". The alternative case. of the plaintiff in the
suit was that "if it will be held that the State of Maha-
rashtra and not the State of Madhya Pradesh is liable or
viceversa the plaintiff will claim the decree’ against such
State as would be liable".
The Civil Judge passed the. decree on 25 April 1959’
declaring: the order dated 9 January, 1954 suspending the
plaintiff as well as the order dated 2 February, 1956 remov-
ing the plaintiff from service as illegal, void and inopera-
tive. The decree further stated that the
558
plaintiff was deemed to continue in service from 16 Septem-
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ber, 1943. The Civil Judge passed a decree against the State
of Bombay with the direction to pay Rs. 64,588-2-0 with
’interest at 6 per cent.
Both Maharashtra and Madhya Pradesh went up in appeal.
The Division Bench of the Bombay High Court placed the
matter before a larger Bench and referred these two ques-
tions for the decision of the Larger Bench. (1) Whether in
the events that have happened which of these two States
of Maharashtra and Madhya Pradesh can be compelled to take
the plaintiff in service. (2) Whether both or only one of
the two States can be made liable for the payment of ar-
rears of salary of the plaintiff, if so, which State is
liable.
The larger Bench of the Bombay High Court said that the
State of Madhya Pradesh is constituted after the States
Reorganisation Act referred to as the Act came into. force
on 1 November, 1956 is the principal successor State of the
former State of Madhya Pradesh. The High Court further
said that the State of Maharashtra is the successor State
of the former Madhya Pradesh inasmuch as certain territo-
ries, namely, Vidharbha which formed part of the former St.
ate of Madhya Pradesh became: a part of the new State of
Maharashtra. The High Court then referred to. clause (B)
of section 88 of the Act and said that Maharashtra would
be liable for the claim of the plaintiff only if the cause
of action has arisen in its entirety within the territories
which formed part of Maharashtra, otherwise initial liabil-
ity for the plaintiff’s claim will be on the principal
successor State Madhya Pradesh under section 88(c) of the
Act. The larger Bench therefore referred the matter to the
Division Bench to consider the question whether the cause of
action for the plaintiff’s claim arose in its entirety
within the territories which formed part of the Maharashtra.
The High Court held that under section 88(c) of the Act
Madhya Pradesh is responsible for the claim of the plain-
tiff. The High Court further held that the plaintiff was
appointed under conditions of service Prescribed for him and
accepted by him, and, therefore, the plaintiffs claim for
arrears of salary would be governed by section 87 of the Act
and not by section 88 of the Act. The High Court said that
the plaintiffs claim for arrears of salary and allowance was
based on contract, either express or implied, on the basis
of the terms. of appointment and the conditions of service
prescribed by the Government and accepted by the plaintiff.
The High Court also said that at the time of the plaintiff’s
appointment in 1939 the plaintiff’s services were available
for the then entire Province of Central Provinces and Berar
and not only for those districts which formed part of Madhya
Pradesh. Therefore, the High Court said that section 87(b)
of the Act would not apply. Under the residuary clause of
section 87(c) of the Act Madhya Pradesh would be liable as
the principal successor State because the purpose of the
contract were as from the appointed day not exclusively
purposes of any of the two successor States.
Madhya Pradesh raised three contentions. First, the
plaintiff did not claim salary and allowances for the period
subsequent to 15 September, 1943 in the. suit filed by the.
plaintiff in 1949 and was
559
therefore by reason of the provisions contained in Order 2
Rule 2 of the Code of Civil Procedure precluded from claim-
ing the salary and allowances for the period of 16 Septem-
ber, 1943 to 31 August, 1953 in the second suit which was
filed on 6 October, 1956. Second, the plaintiff’s claim in
the second suit for salary and allowances prior to 6 October
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1953 would be barred by the reason of Article 102 of
the Limitation Act 1908. Third, the liability, if any,
would be under section 88(b) of the Act of Maharashtra which
succeeded the State of Madhya Pradesh on 1 November, 1956 in
so far as Nagpur District of the then existing State of
Madhya Pradesh was concerned. Reference was made to section
8(1) (c) of the Act for the purpose. Further it is said by
the appellant that on or after 1 November, 1956 the plain-
tiff could continue the suit only against the State of
Bombay later known as State of Maharashtra and not against
the State of Madhya Pradesh as constituted on or after 1
November, 1956.
Maharashtra contended that the liability was of Madhya
Pradesh because of the provisions contained in section 88(c)
of the Act. It was said on behalf of Maharashtra that the
plaintiff had been appointed to service in Central Prov-
inces and Berar which became the principal successor
State of Madhya Pradesh. The order of removal was also by
the existing State which became the principal successor
State of Madhya Pradesh.
In order to appreciate the rival contentions reference
is necessary to two sections of the Act. Section 87 speaks
of liability in the case of contracts. ’Broadly stated, the
provisions of section 87 of the Act are that where before
the appointed day "1 November 1956" an existing State has
made any contract in the exercise of ’its executive power
for any purposes of the State, that contract shah be deemed
to have been made in the exercise of the executive
power--(a) if there be only one successor States of the
State; and (b) if there be two or more successor States and
the purposes of the contract are,as from the appointed
day, exclusively purposes of any one of them--of that
State; and (c) if there be two or more successor
States and the purposes of the contract are,contract are,
as from that day, not exclusively purposes of any one of
them.---of the principal successor State: and all rights and
liabilities which have accrued or may accrue, under any such
contract shall, to the extent to which they would have been
rights or liabilities of the existing State be rights or
liabilities of the successor State or the principal succes-
sor State. The proviso to section 87 of the Act is that
where the liability attaches under clause (c) the initial
allocation of rights and liabilities made by this sub-
section shall be subject to such financial adjustment as may
be agreed upon between all the successor States concerned,
or in default of such agreement, as the central Government
may by order direct.
Section 88 of the Act provides that where before the
appointed day, an existing State is subject to any liability
in respect of an actionable wrong other than breach of
contract, that liability shall (a) if there be only one
successor State, be a liability of that State; (b) if
560
there be two or more successor’ States and the cause of
action arose wholly within the territories which as from
that day are the territories of one of them, be a liability
of that successor State, and (c) in any other case, be
initially a liability of the principal successor State, but
subject to such financial adjustment as may be agreed upon
between ’all the successor States concerned, of in default
of such agreement, as the Central Government may by order
direct.
The claim for declaration that the order of suspension as
welt as the order of dismissal was void is in respect of an
actionable wrong other than breach of contract. In order
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to. determine as to which of the two States would be liable
e under section 88 of the’. 1956 Act it has to be found out
whether the cause of action arose wholly within the
territories of one of the States or arose partly in the
territories of one State and partly in the territo-
ries of the1 other. The departmental enquiry which was
alleged to be illegal was held at Hoshangabad which has all
along been a part of the State of Madhya Pradesh only.
The. final orders which were challenged in the suit were
passed at Nagpur which became part of the State of Bombay
and later on known as Maharashtra. The plaintiff’s cause of
action comprises of every fact which is necessary to be
proved. The plaintiff based his claim with regard to de-
partmental enquiry which was held at Hoshangabad and also
with regard to impugned order passed at Nagpur. The appel-
lant State is the principal successor State of the former
State of Madhya Pradesh. Maharashtra was one of the succes-
sor States, like Madhya Pradesh. Section 88(a) of the 1956
Act in the present case has no .application because it
speaks of only one successor State. Section 88(b) of the
1956 Act refers to the State. where the cause of action
wholly arose within the territories of either of the. two.
successor States. In the present case, it cannot be said
that the cause of action arose wholly within the successor
State of Maharashtra. Therefore, the residuary ’provision
contained in section 88(c) of the 1956 Act applies and the
liability is of the principal successor State, namely,
Madhya Pradesh. The High Court was right in arriving at the
conclusion that Madhya Pradesh is liable.
The plaintiff’s suit in 1949 was only for setting aside
the impugned orders. The plaintiff did not ask for relief
for arrears of salary for the obvious reason that the plain-
tiff in the 1949 suit asked fox’ setting aside of the im-
pugned orders and an order that the plaintiff was deemed to
be continuing in service. The plaintiff proceeded on the
existing law as it stood by reason of the decision in High
Commissioner for India v. 1. M. Lall(1). The Judicial
Committee in that case held that a civil servant was not
entitled to. sue the State for recovering arrears of salary
and pay. Counsel for Madhya Pradesh relied on the decision
in Province of Punjab v. Pandit Tara Chand (2) which held
that a public servant had a right to bring a suit for ar-
rears .of pay. The decision of the Judicial Committee in
Lall’s case (supra) takes a contrary view to the decision of
the Federal Court in Pandit
(1) 75 I.A. 225.
(2) [1947] F.C.R. 89.
561
Tara Chand’s case (supra). It it true that the decision of
the Federal Court in Pandit Tara Chand’s case (supra) was
not brought to the notice of the Privy Council. Under
section 208 of the Government of India Act 1935 the law
declared by the Judgment of the Privy Council had to be
followed by all the Courts including the Federal Court.
Therefore, the earlier decision of the Federal Court though
not expressly overruled by the Judicial Committee must be
deemed to have overruled by implication by the decision of
the Judicial Committee in Lall’s case (supra).
This Court in State of Bihar v. Abdul Majid(1) stated
that a Government servant could ask for arrears of salary.
Counsel for Madhya Pradesh said that the decision of this
Court in Abdul Majid’s case (supra) declared what the exist-
ing law has been, and, therefore, the plaintiff could not
contend that it was not open to him to ask for arrears of
salary in the 1949 suit. It is in that background that
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Madhya Pradesh contends that the plaintiff not having asked
for relief under Order 2 Rule 2 of the Code of Civil Proce-
dure would not be entitled to claim salary in the 1956 suit.
The contention of Madhya Pradesh cannot be accepted.
The plaintiff will be barred under Order 2 Rule 2 of the
Code of Civil Procedure only when he omits to sue for or
relinquishes the claim in a suit with knowledge that he has
a right to. sue for that relief. It will not be correct to
say that while the decision of the Judicial Committee in
Lall’s case (supra) was holding the field the plaintiff
could be said to know that he was yet entitled to make a
claim for arrears of salary. On the contrary, it will be
correct to say that he knew that he was not entitled to make
such a claim. If at the date of the former suit the plain-
tiff is not aware of the right on which he insists in the
latter suit the plaintiff cannot be said to be disentitled
to the relief in the latter suit. The reason is that at
the date of the former suit the plaintiff is not aware of
the right on which he insists in the subsequent suit. A
right which a litigant does not know that he possesses or a
right which is not in existence at the time of the first
suit can hardly be regarded as a "portion of his claim"
within the meaning of Order 2 Rule 2 of the Code of Civil
Procedure. See Amant Bibi v. Imdad Husain(2). The crux of
the matter is presence or lack of awareness of the right at
the time of first suit.
This Court in Om Prakash Gupta v. State of Uttar
Pradesh(2) considered the prayer for refund of court fees on
a claim which was abandoned. The plaintiff in that case
asked for a declaration that the order of dismissal was void
and also asked for arrears of salary or in the alternative
damages for wrongful dismissal.In view of the decision in
Lall’s case (supra) the plaint in that casewas amended by
deleting the claim for arrears of salary and also for
damages.The plaintiff thereupon praved for refund of the
court fees which had been paid on arrears of salary for
damages.Both the trial Court
(1) [1955] 1 S.C.R. 286.
(2) 15 I.A. 106, 112.
(3) [1955] 2 S.C.R. 391.
562
and the High Court rejected the claim for refund of court
fees. This Court also upheld the same view. The reason
given by this Court was that at the time the suit was insti-
tuted the law as it then stood permitted such a claim to be
made. The decision of the Privy Council made it clear that
no such claim could be made. The decision of the Privy
Council clarifying the position was held by this Court not
to be a ground for refund of court fee which was paid in
accordance with law as it then stood.
The appellant Madhya Pradesh is, therefore, not right in
contending that the plaintiff is barred by provisions con-
tained in Order 2 Rule 2 of the Code of Civil Procedure from
asking for arrears of salary in the 1956 suit. The plain-
tiff could not have asked for " arrears of salary on the
law as it then stood. The plaintiff did not know of or
possess any such right. The plaintiff, therefore, cannot
be said to have omitted to sue for any right.
Another reason why the bar under Order 2 Rule 2 of the
Code of Civil Procedure cannot operate is that the plain-
tiff’s cause of action in the 1956 suit is totally different
from the cause of action in the 1949 suit. See Pavana
Reena Saminathan v. Palaniappa(1).
This Court in Jai Chand Sawhney v. Union of India (2)
held that in a suit for setting aside the order of dismissal
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and for arrears of salary a claim for salary for the period
prior to three years of the suit would be barred. The
reason given is that when the order of dismissal is set
aside the Government servant is deemed to be in service
throughout the period during which the order of dismissal
remains operative. Once an order of dismissal is declared
bad it is held to be bad from the date of dismissal and
salary would be due from the date when the dismissal order
was bad.
The same view has been taken by this Court in Sakal Dean
Sahai Srivastava v. Union of India(3). In that case the
plaintiff filed a suit on 27 November, 1962 for a declara-
tion that from 1 July, 1949 the date of illegal reversion up
to 30 September, 1959 the date of his retirement he was a
railway employee.
Relying on the decision of this Court in Jai Chand
Sawhney’s case and Sakal Deep’s case (supra) counsel for
Madhya Pradesh contended that the plaintiff would not be
entitled to more than three years’ salary. The present
case is not one of setting aside an order of dismissal
simpliciter. When the plaintiff filed a suit in 1949 he
could not ask for arrears of salary. Pursuant to the decree
dated 30 August, 1953 in his favour he was reinstated on 12
December, 1953. Three features are to be borne in mind in
appreciating the plaintiff’s case from the point of view of
limitation. First the plaintiff became entitled to salary
for the period 16 September, 1943 up to the date of rein-
statement on 12 December, 1953, only when pursuant to the
decree dated 30 August, 1953 there was actual reinstatement
of the plaintiff on 12 December, 1953. Second, the plain-
tiff was
(1) I.A. 142. (2) [1970] S.C.R. 222.
(3) [1974] 2 S.C.R 485.
563
again suspended on 19 January, 1954 and was dismissed on 23
February 1956. The Madhya Pradesh Government on 5 March,
1954 decided that during the period of first suspension till
his reinstatement on 12 December, 1953 he was not entitled
to salary. Again on 29 January, 1956 the Madhya Pradesh
Government decided under Fundamental Rule 54(iii) that
during the period of suspension from 16 September 1943 to 12
December 1953 and again from 19 January 1954 to 23 February
1956 he would not be entitled to any payment of allowances.
On these facts two consequences arise in the present
appeal. First, since the plaintiff was under suspension from
16 September, 1943 till 12 December, 1953 when he was rein-
stated and again suspended from 19 January, 1954 till 23
February, 1956 when he was dismissed, his suit on 6 October,
1956 is within a period of three years from the date of his
reinstatement on 12 December, 1953. Second, during the
period of suspension he was not entitled to salary under
Fundamental Rule 53. Further decision to that effect was
taken by the Madhya Pradesh Government on 28 January,
1956 under Fundamental Rule 54. Therefore, the plaintiff’s
cause of action for salary for the period of suspension did
not accrue until he was reinstated on 12 December, 1953.
The plaintiff’s salary accrued only when he was reinstated
as a result of the decree setting aside the orders of sus-
pension and of dismissal.
The rulings of this Court in Jai Chand Sawhney’s case
(supra) and Sakal Deep’s case (supra) do. not apply to the
present appeal because there was no aspect of any suspen-
sion order remaining operative until the fact of rein-
statement pursuant to the decree.
The plaintiff’s cause of action for arrears of salary is
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this. When the plaintiff was reinstated on 12 December,
1953 pursuant to the decree dated 30 August, 1953 the plain-
tiff became entitled to salary which was suspended during
the period of suspension._ The plaintiff was again suspend-
ed from 19 January, 1954 and he was dismissed from service
on 23 February, 1956. Therefore, when the plaintiff filed
the suit on 6 October, 1956 his entire claim for salary is
founded first on his reinstatement on 12 December, 1953
pursuant to the decree and second on the order of suspen-
sion dated 19 January, 1954 and the order of dismissal on
23 February 1956 which the plaintiff challenged as illegal.
The original order of suspension on 16 September, 1943
as welt as the original dismissal dated 7 November, 1945 was
declared to be illegal by the decree dated 30 August, 1953.
Therefore, when the plaintiff was reinstated on 12 December,
1953 it is then that the plaintiff’s claim for salary
accrued due. This salary was again suspended from 19
January, 1954. Dismissal on 23 February, 1956 was at a
time when the plaintiff was still under suspension. The
order of suspension does not put an end to his service.
Suspension merely suspends the claim to salary. During
suspension there is suspension allowance. See Khem
Chand v. Union of
2-112 SCI/77
564
India(1) where this Court said that the real effect of the
order of suspension is that though he continues to be a
member of the service he is not permitted to work and is
paid only subsistence allowance which is less than his
salary. Under Fundamental Rule 52 ’the pay and allowance
of a Government servant who is dismissed or removed from
service, cease from the date. of his dismissal or remov-
al.Therefore, there would be no question of salary accruing
or accruing due so long as orders of suspension and dismiss-
al stand. The High Court was correct in the conclusion that
the plaintiff’s claim for salary accrued due only on the
order of dismissal dated 23 February, 1956 being set aside.
For the foregoing reasons the appeal is dismissed.
There will be costs only to the plaintiff respondent to be
paid by the State of Madhya Pradesh.
M .R. Appeal dismissed.
565