ANIL KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ram Suresh Roy, the learned senior counsel appearing on behalf of the appellant and Mr. Ajay Kumar Sharma, the learned counsel appearing on behalf of the respondents.

(2.) The plaintiff is the appellant in this appeal against the judgment and decree of reversal passed by 1 st Additional District Judge, Saharsa in Title Appeal No. 04/94 reversing the judgment and decree passed by Additional Munsif, Saharsa in Title Suit No. 11/85 by which the suit had been decreed.

(3.) The plaintiff filed the suit for declaration that the defendants had no right to terminate the services of the plaintiff on the basis of the letter annexed to the plaint as Annexure-2 which was illegally, mala fide, arbitrary and for further declaration that the plaintiff had acquired the right to remain in service as Machinist according to the terms of his appointment and had right to be posted treating him to be in regular service. The plaintiff's case, in short is that he had been appointed on the post of Machinist Instructor under the orders of Director, Employment and Training, Department of Labour, Bihar Patna vide letter dated 15.03.1998 and had been posted at I.T.I., Supaul on the vacant post till the regular vacancy was not filled up. The plaintiff joined on 18.03.1983 and performed his job satisfactorily but the defendant no.3 issued letter dated 01.08.1985 for removing the plaintiff from the service although he had no authority to terminate the service of the plaintiff.