LAWS(MAD)-1994-12-65

LILLY BAI Vs. CHINNA THAI

Decided On December 23, 1994
LILLY BAI Appellant
V/S
CHINNA THAI Respondents

JUDGEMENT

(1.) SECOND defendant in O. S. No. 882 of 1990, on the file of principal Sub Judge, Madurai , has filed this second appeal.

(2.) THE following substantial questions of law has been raised for consideration in this second appeal: " (1) Whether the judgment of the lower appellate court could be sustained on the facts and circumstances of this case in the light of the principles of law applicable thereto" and (2) Whether the view of the lower courts that the suit is competent is sustainable in law""

(3.) AFTER the recognition was restored, and, while the second defendant was out of service, the first defendant- management appointed one James Irudhayaraj in the place of the second defendant, as Tamil Pandit. He was working in that school from 1973 to 1975, and his post was approved by the department. He was also given increment as an approved teacher. In 1975, James irudhayaraj resigned and one T. Chellasamy was appointed in that place, i. e. , in the place of the second defendant, from 1975 to 1978. Due to unauthorized absence, he was removed, and the plaintiff was appointed as Tamil Pandit in that place.