L WILLIAM Vs. CHURCH OF SOUTH INDIA

JUDGEMENT

(1.) The plaintiff is the appellant. The suit is one for declaration that the plaintiff shall be deemed to be in service in the school belonging to the first defendant and managed by the second defendant continuously from 20th January, 1954 and for consequential mandatory injunction directing the second defendant to cancel the entries dated 13th November, 1971 and 13th November, 1971 made in the Service Register of the plaintiff regarding the alleged suspension and dismissal from service and to reinstate the plaintiff as Headmaster in the first defendant's school within Conoor Range and also for payment of Rs. 27, 691.73 with interest at six per cent per annum from the date of suit till payment.

(2.) It is the case of the plaintiff that he was appointed as a secondary grade teacher by the first defendant on 20th January, 1954. Subsequently, he served as Headmaster for thirteen years. At the time when he was working at C.S.I. School, Conoor Range, the second defendant on 4th August, 1971 passed on order transferring the plaintiff as First Assistant to C.S.I. School at Melur Estate. The Headmaster at Melur was junior to the plaintiff. On 5th August, 1971 the plaintiff protested against the transfer. On 12th August, 1971, the plaintiff was suspended from service and charges were framed against him for disobedience of the order passed by the management. On 13th November, 1971, the plaintiff was dismissed from service. On 22nd November, 1971 the plaintiff filed an appeal to the District Educational Officer, Nilgiris, who by his order dated 6th November, 1972 set aside the order of dismissal and directed the reinstatement of the plaintiff as Headmaster. Against this order of the District Educational Officer, the second defendant filed an appeal to the Chief Educational Officer, Coimbatore. The Chief Educational Officer, Coimbatore by his order dated 10th August, 1973 (Ex. A-3) confirmed the order passed by the District Educational Officer and directed the second defendant to reinstate the plaintiff as Headmaster within ten days with a direction that the period of suspension should be treated as duty and that the plaintiff should be paid salary. In spite of the above said orders Exs. A-2 and A-3 passed by the District Educational Officer and the Chief Educational Officer respectively, the plaintiff was not reinstated in service. Further, entries of suspension and dismissal were made in the Service Register of the plaintiff. Hence, the plaintiff has come forward with the above suit.

(3.) The defendants in their written statement contended that the order of transfer was correct, that the question of transfer was an internal administration of the school which cannot be questioned, that the defendants cannot be forced or directed to reinstate any person who has been grossly insubordinate, that the entries made in the Service Register of the plaintiff are correct, that the prayer of the plaintiff for reinstatement is misconceived and cannot be sustained both on law and on facts, that such a relief prayed for is against the provisions of the SPECIFIC RELIEF ACT, 1963 and as such, the plaintiff cannot claim any salary for service not rendered. It is further contended by the defendants, that the plaintiff cannot be deemed to be in service and he cannot claim any salary or remuneration either in law or on facts, that the amount claimed is in any way excessive and exaggerated, that the Service Register cannot be corrected, that since the plaintiff's service is only a service of contract, the prayer for reinstatement cannot be sustained, that due to the attitude of the departmental authorities, the school in which the plaintiff was working had been closed and that the second defendant is not personally liable for any claim made by the plaintiff. Finally, the defendants submitted that the suit claim is barred by limitation since the orders of the Chief Educational Officer were passed on 10th August, 1973 itself. With these allegations, the defendants wanted the suit to be dismissed with costs.