SATYAWATI GOSWAMI Vs. UMA RANI

JUDGEMENT

(1.) This second appeal has been filed by the Defendant No. 4--Smt. Satyawati Goswami against the judgment and decree dated 17.6.1990 of Civil Judge, Mathura.

(2.) The brief facts are that the Plaintiff Smt. Uma Rani filed a suit for declaration that it may be declared that she is permanent Lecturer in Social Science in Sukhada Girts Inter College, Brindaban District Mathura with effect from 5.12.1975 and that the Defendant Nos. 1 to 3 be directed to fix the salary of the Plaintiff in the scale of Lecturer.

(3.) The case of the Plaintiff Smt. Uma Rani was that she was appointed Lecturer in Sukhda Shiksha Mandir Girls Inter College, Brindaban, District Mathura on 5.12.1975 and this appointment was approved by Divisional Inspector of Girls College, Agra on 28.1.1976. She drew her salary in the Lecturer grade up to 15.11.1976. In view of the 5th Removal of Difficulties Order, the Plaintiff became permanent Lecturer. The 5th Removal of Difficulties Order came into force on 24.9.1976, and according to para 3 of the said order the Plaintiff will be deemed to have been appointed in substantive capacity w.e.f. 5.12.1975. The Manager of the Institution Defendant No. 5 illegally without any reason terminated the Plaintiffs aforesaid services on 16.11.1976 and appointed the Appellant-Smt. Satyawati Goswami-Defendant No. 4, a teacher in L. T. grade in the said College, as Lecturer. It was alleged that Smt. Satyawati Goswami was never selected and appointed in accordance with the Act and the Rules nor approval of her appointment was sought from the Divisional Inspector of Schools (Girls). It is also alleged that Smt. Satyawati Goswami did not complete 5 years in L.T. grade hence she was not entitled to be appointed as Lecturer. The Plaintiff made representation to the authorities and ultimately on 1.2.1983 she was told that nothing can be done in her case hence after serving a notice under Section 80, Code of Civil Procedure she filed a suit.