PARASRAM TEWARI Vs. RAM BRIKSH SINGH

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Shri S. A. Gilani, learned Counsel for the appellant. Shri Jitendra Srivastava and Shri V. B. Khare appearing for the defendant are not present.

(2.) THIS Second Appeal arises out of judgment and decree dated 26. 2. 1979 passed by the District Judge, Deoria in Civil Appeal No. 186 of 1978, by which he allowed the appeal and while setting aside the judgment of trial Court in Original Suit No. 127 of 1975 decreed the suit for deciaration that plaintiff was working as a Peon in Mani Nath Inter College, Nonapar, Tappa Bhatni, Pargana Salempur Majhauli, District Deoria and was entitled to get his salary, and for permanent injunction retraining the defendants from removing him from service.

(3.) THE appellant preferred a S. L. P. (C) No. 17140/2006 which was converted into Civil Appeal No. 5736 of 2007 after the grant of leave. THE Supreme Court allowed the appeal with the following judgment: "despite notice, none appears for the resportdents. Leave granted. THE short question involved in this case is whether the High Court was right in dismissing the second appeal against the order of the First Appellate Court which had dismissed the suit of the appellant. THE appellant was the plaintiff in the said suit for permanent injunction and for declaration that he continues to be a peon in college. In the suit the appellant nad prayed for above declaration on the ground that his service was governed by the provision so the U. P. Intermediate Education Act, 1921 and the Rules framed there under. THE plaintiff in the suit claimed that the said Rules were statutory. In our view, the High Court had erred in not deciding the aforestated questions. , In the circumstances, we set aside the impugned judgment of the High Court. Werequestthe High Court to disposeof the matter in accordance with law and particularly, while doing so, it may decide the question of law mentioned hereinabove. Appeal is, accordingly, allowed. No order as to costs. /sd/- New Delhi, S. H. Kapadia, J. Sd/- December 07, 2007. B. Sudershan Reddy, J.