CHOICE SCHOOL Vs. M P SALIM

JUDGEMENT

(1.) The respondent in this Civil Revision Petition filed OS No. 1348 of 2003, on the file of the Court of the I Additional Munsiff of Ernakulam, for a declaration that the termination of the plaintiff from service in the first defendant School, as per letter dated 23/06/2003, is void and illegal and that the plaintiff is entitled to continue in the first defendant School as a Music Teacher on the same salary and service conditions which he was enjoying at the time of his termination, till the plaintiff's service is lawfully terminated in accordance with the Bye laws made by the Central Board of Secondary Education. There was also a prayer for mandatory injunction, directing the defendants to reinstate the plaintiff in service as Music Teacher and to recover a sum of Rs.9,000/- per month as damages from the defendants from the date of suit till the plaintiff is reinstated in service.

(2.) The Trial Court decreed the suit in part as per the judgment and decree, dated 31/01/2004. The defendants had raised a contention that the suit was not maintainable. The Trial Court held under issue No. 1 that the suit is maintainable. On the merits of the case, the Trial Court held that as per R.29(2) of the Affiliation Bye laws, the defendants are entitled to terminate the service of the plaintiff as per Ext. A2 termination order. All the requirements under R.29 were complied with. After analysing the evidence, the Trial Court held that the defendants were adopting an unhealthy practice to cause termination of the services of the plaintiff. However, the Trial Court held that the defendants had not appointed any new teaching staff in the music department. A mandatory injunction was granted in favour of the plaintiff, directing the defendants that if the defendants wanted to fill up the post of Music Teacher, the plaintiff shall be appointed in the first defendant School. The prayer for declaration and damages were rejected by the Trial Court.

(3.) Challenging the judgment and decree of the Trial Court, the plaintiff filed AS No. 200 of 2004, on the file of the Court of the V Additional District Judge, Ernakulam.