Law: Specific Relief Act (I of 1877)

Section: 42

Law: Government of India Act, 1935

Section: 240 (3)

  P L D 1956 Karachi 464         Specific Relief Act (I of 1877), S. 42, proviso-"Further relief"-In suit for declaration that dismissal from service was void and inoperative-Whether plaintiff is able to seek "further relief"-Government of India Act, 1935 S. 240 (3).   M, an officiating 'B' grade driver of G. I. P. Railway in India opted for Pakistan on partition, and was placed in the service of the North Western Railway as grade II driver at Kotri on the same pay. On being asked to make a declara tion he stated that his substantive appointment in India was that of a "C" grade driver on the scale of 90-20-15-125, adding the remarks "refer to my personal file". He was charge-sheeted with making a false statement in his declaration and was required to make his defence within 7 days and show cause why he should not be dismissed or punished with any of the lower penalties specified in the service rules then applicable. Thereafter be was dismissed from service without being given any "reasonable opportunity" for showing cause against the action proposed to be taken in regard to him" under section 240 (3), Government of India Act, 1935. M then gave notice under section 80, Civil P. C. and filed the suit for a declaration that his dismissal from service was void and inoperative and that he legally remained an employee of the North Western Railway.   On the issue whether the suit for a mere declaration could succeed when M had not claimed the further relief of damages for breach of contract to continue him in service.   Held, that it was not the plaintiff's case that he had been dismissed in breach of a contract to continue him in service. His case was that he had not been validly dismissed and that the purported dismissal of the plaintiff's dismissal was void and inoperative and was no dismissal at all and that he continued in service. Moreover even if the terms of the contract to continue the plaintiff in service were proved, which had not been done, section 240 (1) of the Government of India Act, .1935, make the plaintiff unable to seek the further relief…