BOLIN MILI Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) (Oral) - This second appeal is directed against the judgment and decree passed by the Civil Judge (Senior Division), Jorhat on 12.1.98 whereby the Title Appeal No. 17 of 1997 preferred by the present petitioner was dismissed.

(2.) The plaintiff who is the appellant herein instituted Title Suit No.79 of 1995 before the Civil Judge (Junior Division) No.2, Jorhat praying for a declaration that his service in the Bhakat Chapari Tribal ME School was prior in time than the defendant N.o.3 and the plaintiff being senior in service, his services shouki have been provincialised with effect from 1.11.93. That plaintiff appellant prayed for cancellation of provincialisation of the service of defendant No.3 and other ancillary reliefs. The suit was contested by the State of Assam and other official functionaries of the State Education Department and also by the respondent No.3. The case of the defendant is that the defendant No.3 was appointed as a teacher in the said school on 6.6,86 whereas the plaintiff was appointed on 4.10.88 and as the defendant was senior in service, his services were provincialised. The defendant took the "plea of non maintainability of the suit in view of section 6 of the Assam Secondary Education (Provincialisation) Act, 1977, for short, the Act.

(3.) The learned trial Court after conclusion of the hearing dismissed the suit both on facts and law. The plaintiff appellant thereafter preferred the appeal which was also dismissed vide the impugned order. Hence the present appeal.