PRABANDH SAMITI LADY PARSAN KAUR INTER COLLEGE BASIDILA, SARDARNAGAR GORAKHPUR AND OTHERS Vs. SAUDAGAR PRASAD YADAV

JUDGEMENT

(1.) This is defendant's second appeal arising out of a suit filed by the plaintiff respondent for declaration that the order terminating bis services contained in letter no. 45/70-71 dated 9-6-1971 and notice no. 44/70-71 dated 8-6-1970 are illegal and invalid and he still continues to be in service as Assistant teacher and is entitled to the emoluments etc. attached to that post.

(2.) The defendants in the suit are Managing Committee of the Lady Parson Kaur Inter College, Basdila Sardarnagar in the district of Gorakhpur, the Principal of the College, the college itself through the Manager and one Hari Prasad. The plaintiff's case was that he was appointed as an assistant teacher in the college on 14-7 67 in J. T. C scale of pay on one year'i probation, that on the expiry of the period of probation, he automatically became a confirmed teacher under the provisions of the U.P. Intermediate Education Act, hereafter 'the Act.' That on 15-6-1970 he received the impugned letter and'notice informing him that on account of his unsatisfactory work and poor results his services were being terminated by one month's notice. The plaintiff challenged the impugned notice and order on the ground that they were malafide, that the services could not be terminated by one month's notice, that the order was passed in violation of the principles of natural justice and being by way of punishment it was bad, inasmuch as in opportunity was given to the plaintiff to submit his explanation it was also alleged that the record of the work of the plaintiff was satisfactory and that the Manager bad no power to issue the impugned order and further that no approval had been obtained of the District Inspector of Schools as required under the Act and lastly that it was served on the plaintiff during the summer vacation. On these allegations the plaintiff prayed for declaration that lie was still in the service of the college and was entitled to the emoluments attached to the post which he was occupying.

(3.) The suit was contested by defendants 3 and 4, inter alia, on the grounds that the plaintiff was still on probation at the time when the impugned order was made, that since his work was found to be unsatisfactory, a resolution was passed by the Managing Committee of the college on 2- -1970 for terminating the service of the plaintiff and that resolution was sent to the District Inspector of Schools for approval and the latter accorded his approval on 6-6-1970 and it was thereafter that the impugned notice was served on the plaintiff. It was also contended that the remedy of the plaintiff was by way of an appeal against the order of the District Inspector of Schools and since the plaintiff did not do so, his suit in the Civil Court was not maintainable and further if his services had been terminated in contravention of the provisions of law, his remedy was only to claim damages.