MANAGING COMMITTEE Vs. KANDURI CHARAN JENA

JUDGEMENT

(1.) DEFENDANT No. 1 is the appellant against the affirming judgment.

(2.) THE plaintiff filed the suit for a declaration that he was to be deemed to be reinstated in service and continuing in service and for his arrear salary from 11. 11. 1974 to 11. 12 1975, the date of filing of the suit, and for injunction against defendant No. 1 not to obstruct She plaintiff from discharging his duties as a teacher. Plaintiff was appointed as a teacher in July, 1969 by defendant No. 1 in the M. E. School at Veda -Ramachandrapur and on his application for grant of leave to undergo training course, he was granted leave for one year with effect from 5. 10. 1972. According to the plaintiff, on completion of his training he applied to the Secretary of the Managing Committee of the School to join his former post, but he was orally informed that since plaintiff had applied for leave for one year and after expiry of the said one year no fresh application had been filed, his services were terminated and therefore, the question of plaintiff joining in service would not arise. According to the plaint allegation, the plaintiff was under the impression that the study leave granted by defendant No. 1 was for the entire period of duration of the training course and, therefore, there was no occasion for him to apply for fresh leave after expiry of one year. On 11. 11. 1974, the Orissa Education (Amendment) Act, 17 of 1974, came into force and under Section 7(3) of the said Act, the plaintiff was to be deemed to be reinstated in service since his termination had not been approved by the competent authority. On these averments, the suit was filed for the reliefs as aforesaid. The plaintiff also averred that notice under Section 80 of the Code of Civil Procedure was duly served on defendants 2 to 4 which they received on 6. 12. 1975.

(3.) ON these pleadings, the trial Court framed as many as seven issues and on issues Nos. 1 and 2 came to hold that the termination of plaintiff's service on 5. 10. 1973 attracted the provision of Section 7(1) of the Orissa Education (Amendment) Act of 1974 and no approval of the order of termination being taken within the period of one month from the date of commencement of the Act, the teacher should be deemed to have been reinstated in service with effect from the day following the date of expiry of a period of one month from the date of commencement of the Amendment Act. In that view of the matter, the aggrieved teacher could not have invoked the jurisdiction of the Tribunal and the Civil Court would gave jurisdiction to entertain the suit. On issues Nos. 5 and 6, the trial Court found that the resolution of the Managing Committee (Ext. J) dated 5. 10. 1973 terminating the services of the plaintiff was inoperative, but the plaintiff would not be entitled to any emoluments for the period between the date of termination and the date on which he was reinstated and, therefore, plaintiff was not entitled to any arrear pay or D. A. On issue No. 3, the trial Court found that it was true that the plaintiff did not apply for any extension of leave after expiry of one year but this being a study leave covered the entire period of study and in such circumstances, Article 287 (28) of the Orissa Education Coda would have no application. On issue No. 4, the trial Court found that the plaintiff was appointed as teacher in Veda -Ramachandrapur Middle English School. On these findings, the trial Court decreed the suit and directed that the plaintiff be declared to be reinestated in service with effect from 1. 4. 1974 but would not be entitled to any emoluments for the period intervening the date of termination and the date of the reinstatement.