NAGAR PALIKA SHEPPURKALAN Vs. BADRI PRASAD

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree of the lower Appellate Court, which has confirmed the judgment and decree of the Trial Court.

(2.) THE suit was filed by respondent No. 1 against the appellant and respondents 2 and 3 for the recovery of Rs. 1,400/- and for permanent injunction on the allegations that he was the fourth class employee of the appellant. He was married with one Rampyari and had a son Pooranmal and a daughter Santosh out of the wed-lock. It was further stated by him that he had divorced his wife Rampyari. The two children were living with Rampyari, who was not ready to part with them.

(3.) IT was further averred that Rampyari had made an application for the legal aid, for filing the suit against the appellant to respondent No. 2 and had also prayed that she be appointed as guardian of the two minor children of the appellant. It was stated by the appellant in the suit that respondent No. 2 instead of giving any legal aid to this wife, ordered the appellant to pay from the wages of respondent No. 1 an amount of Rs. 500/- to her in one instalment, and thereafter, to deduct Rs. 150/- from his salary every month, for its payment to his wife Rampyari, for the maintenance of the two children. With these averments, it was submitted that defendant/respondent No. 2 had taken his signatures on a paper under threat to his service. It was agitated in the plaint that respondent No. 2 was not vested with the power under any law to so direct the appellant, nor the appellant had any right to pay the amount from the salary of respondent No. 1. Under such unauthorised action, the amount of Rs. 1,400/- in total was deducted from the salary of respondent No. 1. The recovery of the said amount with the relief of permanent injunction was prayed by the plaintiff/respondent against the defendant/ appellant.