ZILA PARISHAD, GORAKHPUR Vs. RAMANUJ SHAHI

JUDGEMENT

(1.) This is a defendant's appeal directed against the judgment and decree of Sri B. P. Shukla, learned III Addl. District & Sessions Judge, Gorakhpur dated 6th Sept. 1974 who allowed Civil Appeal No. 54 of 1973 and set aside the judgment and decree recorded by Sri S. K. Saxena, learned III Addl. Munsif, Gorakhpur dated 9-1-1973 dismissing Original suit No. 278 of 1971 with costs filed by plaintiff.

(2.) Respondent was employed by Adhyaksh, Zila Parishad, Gorakhpur by his order dated 18-11-1964 as a paid Apprentice in a clerical establishment of the Zila Parishad on a fixed pay of Rs. 30.00 per month plus dearness allowance admissible under the Rules on one year's probation. After completion of probationary period plaintiff became a permanent employee of Zila Parishad and was working as a clerk in the Education Office of the Zila Parishad, Gorakhpur in grade of Rs. 60-3-90-5-120 revised scale Rs. 75-4-95-EB-5-120-EB-6-150 and was getting Rs. 79/- per month besides D.A. as his pay.

(3.) While plaintiff was working as such he was charge-sheeted by the Adhyaksh Zila Parishad on 30-4-1970 and was later on removed from service by the Mukhya Adhikari Zila Parishad, Gorakhpur on 3-12-1970. That the said order of removal passed by Mukhya Adhikari dated 3-12-1970 was illegal, unconstitutional and void and was not binding on the plaintiff on the grounds set out in para 4 of the plaint. Relief sought was for declaration that the order of removal passed by Mukhya Adhikari Zila Parishad on 3-12-1970 against the plaintiff was illegal unconstitutional and was not binding on the plaintiff and the plaintiff was still in service of Zila Parishad Gorakhpur. Costs of this suit were also claimed.