E MC GREADY Vs. BABBON PROSAD

JUDGEMENT

(1.) -This appeal is directed against the order bearing No. 31 dated 29.4.91 passed by the learned Trial Judge, 9th Bench, City Civil Court, Calcutta in Title Suit No. 120 of 1990 whereby the learned Trial Judge on a petition having been filed by the plaintiff respondent No. 1 that he being put under suspension by the school authorities is not being paid subsistence allowance at the rate of 75% of his pay, the President, Hony. Secretary, Hony. Additional Secretary and the Principal of Frank Anthony Public School who are the defendants, were directed to effect payment of subsistence allowance at the admissible rate under the rules including the arrears of subsistence allowance by 17.6.91.

(2.) It is the contention of the appellant who happens to be the Principal of Frank Anthony Public School that on the face of the order of suspension and the initiation of the disciplinary proceedings, the plaintiff respondent could not have at all been entitled to file a suit in the manner he prayed for seeking the following declarations :

(3.) It is an admitted position that even though an averment has been made in paragraph 20(g) of the plaint that the plaintiff is not provided with a subsistence allowance at the admissible rate at 75% of the wages, no specific prayer has been made in the prayer portion of the plaint to that effect. The plaintiff respondent No. 1 however, has liberty to pray for suitable amendments in this regard which he undertakes to do, once the matter goes back to the court below and we grant him liberty in this regard.