UPAYUKT (DEPUTY COMMISSIONER) KENDRIYA VIDYALAYA SANSTHAN NEHURU HOUSE, NEW DELHI Vs. SHEO BHUSHAN TRIPATBI AND OTHERS

JUDGEMENT

(1.) This petition by a defendant in a civil suit is directed against concurrent orders passed by the courts below disposing of a preliminary issue relating to the territorial jurisdiction of the court against the petitioner.

(2.) These are the facts, Sheo Bhushan Tripathi, respondent no I, a former teacher in the Kendriya Vidhyalaya (Central School) Azamgarh filed a suit no. 500 of 1976 in the court of the learned Munsif City, Azamgarh for a declaration than an order of dismissal dated 1-5-1976 passed against him by the Assistant Commissioner of the Kendriya Vidyalaya Sansathan, Lucknow Region, Lucknow was null and void, and that the plaintiff still continued in service as a teacher. The petitioner, the Deputy Commissioner of the Kendriya Vidyalaya Sangathan, New Delhi who was arrayed as a defendant in the said suit, filed a written statement and raised a plea that the court at Azamgarh had no jurisdiction to entertain the suit in view of a term in the contract of service of respondent no. 1 to the effect that in the event of a dispute arising between a teacher of a Central School and the aforesaid Sangathan, the courts at Delhi alone shall have jurisdiction to decide that dispute. On the pleadings of the parties, issues were framed by the trial court. Issue no. 3 read as follows:-

(3.) Aggrieved by the decision of the trial court on the preliminary issue, the petitioner filed a Revision before the learned District Judge, Azamgarh. but without any success. The learned District Judge, in agreement with the trial court, held that there was no contract between the plaintiff to file the suit only at Delhi.