RANJIT CHAKRAVARTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is by the plaintiff. The facts, relevant for the purpose of disposal of this appeal, may be stated thus : The plaintiff was appointed as Driver by the Deputy Director of Health Services, Assam, in 1959. He had to drive an International Van. Subsequently his service was terminated on 11-7-1967 by the Civil Surgeon, Cachar to whom he was attached. His case is that the Civil Surgeon had no jurisdiction to terminate his service and that the Director of Health Services was the only competent authority to do so. He brought the suit for a declaration that he should be deemed to be in service according to the terms of employment. He also claimed for a decree of Rs. 3,925 being his salary up to 31-1-1969 in addition to the costs of the suit and other reliefs that might appear fit and proper to the Court.

(2.) DEFENDANT No.1 is the State of Assam and defendant No.2 is the Director of Health Services, Assam. Defendant No. 3 is the Civil Surgeon, Cachar. Defendants Nos. 1, 2 and 3 have filed a joint written statement. They have denied the claims of the plaintiff.

(3.) SHRI B.M. Goswami, learned counsel appearing for the respondents repeats the preliminary objection as was raised before the Division Bench. In reply, Shri N.M. Lahiri, learned Advocate-General, Meghalaya, appearing for the appellant, submits, first, that a Letters Patent Appeal cannot be construed to be a suit within the meaning of Section 9 of the Administrative Tribunal Act; secondly, that the Administrative Tribunal has no jurisdiction to entertain an appeal by the plaintiff for the grant of the reliefs prayed for by him.