INTEGRATED RURAL DEVELOPMENT AGENCY Vs. RAM PYARE PANDEY

JUDGEMENT

(1.) Special leave granted.

(2.) The defendant in OS No. 1204 of 1981, in Munsiff court No. 3, Deoria. is the appellant. The plaintiff in the suit is the respondent. The appellant Integrated Rural Development Agency is a body registered under the Societies Registration Act. It has its own Articles of Association. The respondent-plaintiff was appointed as Junior Clerk in the Integrated Rural Development Agency on 14/5/1980 against a permanent vacancy. His servicewas terminated on 6/6/1980. Thereupon, the respondent filed a suit and prayed for the grant of a declaration that the termination order was illegal and void and it was passed in violation of the rules governing the appellant. The learned Munsiff held that the appointment of the respondent was temporary and the termination order was not illegal or void and dismissed the suit. The respondent- plaintiff filed an appeal before the VIth Additional District Judge, Deoria Civil No. 186 of 1982. By judgment dated 29/4/1983 the appeal was dismissed. Thereafter, the respondent-plaintiff filed Second Appeal No. 2163 of 1983 in the High court of Allahabad. Katju, J. by judgment dated 22/3/1993 held that the termination of the service of the respondent was against the mandate of Rule 13 (6 and so the termination order dated 6/6/1980 was illegal. The concurrent judgments of the courts below were reversed and the learned Judge further directed that the appellant will be reinstated in service and also will be entitled to arrears of salary from the date of termination. Aggrieved by the aforesaid judgment of the learned Single Judge, the Integrated Rural Development Agency defendant in the suit. has filed this appeal by special leave.

(3.) We heard Mr A. K. Srivastava, learned counsel for the appellant and Mr S. A. Gilani, learned counsel for the respondent.