ASHUTOSH KUNDU Vs. LAKSHESWAR TALUKDAR

JUDGEMENT

(1.) Heard Mr. B. Banerjee, learned Senior Counsel assisted by Mr. J. Laskar, learned counsel for the petitioner, Mr. Laksheswar Talukdar, respondent No.1- in- person, Ms. J. Dutta, learned State Counsel appearing for the respondent No.2 and Mrs. R. Choudhury, learned counsel for the respondents No. 3, 4 and 7, none appears on call for the remaining respondents.

(2.) By this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 9.3.16 passed by the learned Munsiff No.1 , Kamrup(M), Guwahati in Title Suit No.487/2012, rejecting the prayer of the petitioner to frame the following preliminary issue:

(3.) The case of the respondent No.1 in the plaint of TS No. 487/12 in short for the purpose of this present application is that at the relevant time when the suit was filed, the respondent No.1 was working as the Whole-Time lecturer in B.R. Medhi Law College, Guwahati since 10.10.1987. Apprehending his termination from service, the respondent No.1 approached this court by filing writ petition, which was registered and numbered as Civil Rule No. 885/98. This court by an order dated 27.06.2006 directed the State Respondents therein to take steps for regularization of the service of the respondent No.1 and to complete the process within one month from the date of receipt of certified copy or the order. When no steps was taken by the State Respondents, the petitioner filed a contempt petition, which was registered and numbered as Cont. Case (C) No. 288/07. It is projected for more than 12 (twelve) years, the said college was being run with the petitioner being the sole Whole-Time Lecturer, but by depriving the petitioner of his rightful benefits in terms of the direction issued by this Court, the State Respondents had appointed the petitioner herein as the Whole Time Lecturer. The petitioner was also deprived from holding charge as the In-charge Headmaster by appointing the respondent No.1 to the said post. However, pursuant to order dated 06.04.2011 passed by this court in the said Cont. Case (C) No. 288/07, the service of the respondent No.1 was regularized and he was also allowed to hold charge as the In-Charge Principal of B.R. Medhi Govt. Law College, Guwahati. The Respondent No.1, after issuing notice under section 80 of the Code of Civil Procedure, instituted the present suit, with the prayer for a decree:-