ANTONY Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) The revision petitioner / plaintiff had instituted the suit, in O.S.No.997 of 1994, seeking for a decree of mandatory injunction to reinstate him in the second respondent / second defendant School, grant him salary with all allowance, declare the cancellation of his approval order passed by the first respondent / first defendant as null and void and for a decree of injunction restraining the respondents 1 and 2 / defendants 1 and 2 from preventing the plaintiff from working in the second defendant School as Single Part-Time Instructor and signing in the attendance register and for the other reliefs.

(2.) It is found that the above suit has come to be laid by the petitioner as against the Chief Educational Officer, Nagercoil, arrayed as the first defendant and the Headmaster, St.Joseph Higher Secondary School, Aasaripallam, arrayed as the second defendant and other defendants. It is found that admittedly the Correspondent, St.Joeph Higher Secondary School, Asaripallam, Kanyakumari District and the Director of School Education, College Road, Chennai-600 006, have not been impleaded as party defendants in the suit. It is further found that the suit laid by the petitioner has come to be decreed as prayed for on 23.12.1999. It is further seen that the petitioner along with three other persons have also been granted the relief by this Court holding that they are entitled to get the appointment as Single Part-Time Teachers in the four Single Part-Time Teacher posts and as per the Government Orders, they would also be entitled to get the regular time scale of pay according to their seniority in W.P.Nos.16249 of 1992 and 6525 of 1993, vide order dated 08.12.1999. Inasmuch as the above mentioned defendants 1 and 2 have not complied with the terms of the decree passed in the suit, it is seen that the petitioner has preferred E.P.No.45 of 2000, on the file of the Principal District Munsif Court, Nagercoil, under Order XXI Rules 11(2) and 32 C.P.C., seeking for a direction to them to comply with the above said terms of the decree.

(3.) The Chief Educational Officer, Nagercoil, has taken a stand in the execution petition that the execution petition is not maintainable as against him inasmuch as there is no decree passed against him and he being only a formal party.