JATINDRANATH DAS Vs. JAYADEV PATI

JUDGEMENT

(1.) THIS revisional application filed by the defendant is directed against an order passed by the learned Civil Judge, Senior Division. Bhubaneswar in Title Suit No. 793 of 1999 dated 8.5.2001 dismissing the petitioner's prayer to take up first the preliminary issue of maintainability of the suit.

(2.) THE factual matrix leading to this revisional application is as follows : The plaintiff opp. party No. 1 filed Title Suit No. 793 of 1999 in the Court of CivilJudge, Senior Division, Bhubaneswar with a prayer for a declaration that the order of the Government of Orissa regarding the approval of defendants Nos. 4 to 14 as the teaching and non teaching staff of Santilata Mahavidyalaya in the district of Balasore is illegal, invalid and not binding on him. The plaintiff, inter alia, claimed to have been appointed as a Lecturer in Education in Santilata Mahavidyalaya ever since 1st December, 1981 vide Governing Body Resolution dated 25.11.1981. In course of his employment he was also asked to take over the post of Principal in charge of the said College vide Resolution No. 75 dated 10.5.1993 and it was accordingly approved by defendant No. 1. When the said approval was withdrawn without any rhyme and reason by the State Government, opp. party No. 3, the petitioner, therefore, had to approach this Court by filing a writ application being O.J.C. No. 6623/99 which was disposed of by a Division Bench of this Court in the following manner:

(3.) LEARNED trial Judge has, however, rejected the petitioners' prayer by, inter alia, holding that since this Court permitted the plaintiff to approach the Civil Court for resolving the controversial facts, therefore, it cannot be said that the Civil Court is devoid of its jurisdiction to decide the said dispute as a reason whereof the learned Judge was inclined to dismiss the petitioner's prayer.