BALAJI KRISHNAJI BHOYAR Vs. ZILLA PARISHAD NAGPUR

JUDGEMENT

(1.) This second appeal is directed against the judgment dated 7-3-1998 in Reg. Civil Appeal No. 128/1988 by which the judgment and decree dated 9-2-1988 in Regular Civil Suit No. 580/1982 passed by the trial Court stood reversed. Upon hearing learned counsel for the rival parties, following two substantial questions of law are framed:

(2.) It is not in dispute that the appellant was a Zilla Parishad employee governed by the provisions of Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961 so also service rules framed thereunder. It is also not in dispute that the service conditions of the appellant are governed by Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964. The petitioner was thus a Zilla Parishad servant governed by statutory provision of law in respect of his service conditions and not by any contract of service as understood in the common parlance. It is true that under the Rules of 1964 remedy of preferring departmental appeal is available and was availed by the petitioner against his dismissal from service which was admittedly without holding any departmental enquiry against him though he was a permanent Zilla Parishad servant. The lower Appellate Court held that the suit filed by the appellant was not maintainable on the ground that the contract of personal service could not be enforced. In the above factual background answer to question No. 1 is no more res integra. In this context, it would be suffice to quote the following paragraph from the decision of the Supreme Court in State Bank of India and ors. vs. S.N. Goyal, 2008 8 SCC 92, based on several earlier decisions of the Supreme Court. I quote para 17 and 18 of the judgment which read thus:

(3.) In view of the pronouncement of law made by the Apex Court repeatedly and lastly in the aforesaid decision, question No. 1 will have to be answered in the negative. It must, therefore, be held that the civil suit filed by the appellant was very well maintainable before the civil Court.