CANTONMENT BOARD Vs. MADHO PRASAD YADAV

JUDGEMENT

(1.) This appeal has been filed under Section 100, C.P.C. against the judgment and decree dated 29.11.1988 in Civil Appeal No. 402 of 1981, Madho Prasad v. Cantonment Board, Faizabad, passed by Sri O. P. Verma, Second Additional Civil Judge, Faizabad allowing the appeal of the respondent with costs and setting aside the judgment and decree dated 22.10.1980 passed by Vth Additional Munsif, Faizabad in Regular Suit No. 74 of 1979 by which the suit of the respondent was dismissed with costs.

(2.) Facts of the case are that the respondent, Madho Prasad Yadav was appointed initially on 11.2.1970 till 19.10.1970 on the post of Octroi Moharrir which used to be sanctioned from time to time. During the period commencing from 11.2.1970 to 21.7.1974 his services were terminated several times and appointed afresh. In the last, the sanction had expired on 21.07.1974 and the post was not sanctioned further and the respondent was not given further appointment. The respondent filed a suit for declaration in the Court of Munsif, Faizabad which was dismissed with costs against which the respondent preferred appeal before the District Judge, Faizabad which was allowed vide judgment and order dated 29.11.1988 thereby setting aside the decree passed by the Munsif and declined that the termination order of the respondent was illegal. Aggrieved, the appellant has preferred this appeal.

(3.) Heard Km. Pratima Devi, learned Counsel for the appellant as well as Sri Uday Bhan Pandey, learned Counsel for the respondent.