LOHIT CHANDRA SARMA Vs. SIDHIRAM DAS AND OTHERS

JUDGEMENT

(1.) This is plaintiff's appeal.

(2.) The plaintiff appellant had filed suit for recovery of arrear of salary for the period from 1.11.67 to 30.10.70 as Assistant Teacher in the Soalkuchi K.R.K. Girls' High School. The plaintiff's case was that he had been appointed Assistant teacher in the Soalkuchi Government Aided Girl's High School, later named as Soalkuchi Govt. Aided Kaliram Karikar Girl's High School, by its Managing Committee from 15.5.61. The plaintiff was later confirmed with effect from 15.9.63 by letter dated 25.9.67. The plaintiff was informed by the Secretary of the Managing Committee that his service would be terminated with effect from 1.11.67, The plaintiff there upon filed T.S. 238/67 on 29.9.67 in the court of Sadar Munsiff, Guwahati and temporary injunction had been issued and the plaintiff had continued to work. By judgment dated 17.2.79 the plaintiff's suit was dismissed and the order of injunction was vacated. The plaintiff preferred appeal which was allowed on 20.4.70 and the plaintiff's suit was decreed. The defendants further appeal to the High Court was however allowed and the plaintiff's suit was ultimately dismissed. The plaintiff's contention was that he had continued to work for the period from 1-11-67 to 30-10-70 and his total due from the school was Rs. 7,210.70 which he was entitled to recover as arrears of salary. Hence the suit for recovery of Rs. 7,210.70.

(3.) The suit was filed against the defendants on 2.11.70 in which the defendant no. 1 was described as the President of the Managing Committee. Defendant no. 2 as its Secretary, Defendant No. 3 the Headmaster of the school and the remaining defendants were stated to be the members of the Managing Committee.