BADRI PRASAD TIWARI Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) This appeal has been directed against the impugned judgment and decree dated 1.7.2002 which had endorsed the finding of the Trial Judge dated 17.2.1998 whereby the suit of the Plaintiff, Badri Prasad Tiwari had been dismissed.

(2.) The Plaintiff had been appointed as a teacher in the "Sita Ram Sanskrit Vidya Mandir" w.e.f. 12.10.1984 at a salary of Rs. 350/- per month. It was a recognized school. The Plaintiff had appeared before the Selection Committee for the post of Assistant teacher against which he was selected; thereafter the school had closed for summer vacation; on 16.7.1988, the school was finally closed. Contention of the Plaintiff was that the select list of the candidates in which the Plaintiff had been selected was not acted upon; present suit was accordingly filed for declaration and injunction seeking a declaration that the Plaintiff stood duly selected against the post of Assistant teacher and was entitled to all consequential benefits.

(3.) In the course of the proceedings the Plaintiff had withdrawn his claim against the Defendants No. 3 and 4 who had been struck off from the array of parties; Defendants No. 1 and 2 had not contested the proceedings. Plaintiff had examined himself as PW-1. Trial Judge held that the Plaintiff had failed to produce on record any document/agreement by virtue of which he claimed entitlement to the post of Assistant Teacher. Trial Judge had dismissed the suit of the Plaintiff.