NAND KUMAR PRASAD Vs. SHIVADHIN PRASAD SRIVASTVA

JUDGEMENT

(1.) This application in revision under section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') is directed against the order of the lower appellate court dated 13-12-75 restraining the petitioner from interfering In the function of the plaintiff-opposite party as an acting Headmaster of M. P. High School, Sasaram, and also restraining him from functioning as acting headmaster of the said school till the question of seniority is decided in Title Suit no. 499 of 1975, instituted by the opposite party in the court of, 1st. Munsif, Sasaram.

(2.) In order to appreciate the points involved in this application it will be necessary to state briefly the facts. As indicated above, the plaintiff-opposite party instituted the said title Suit for declaration that he was senior to the defendant-petitioner and that the letter of the District Education Officer (hereinafter referred to as 'the D. E. O.') was not binding on him (the plaintiff) and for permanent injunction restrain) the petitioner from interfering with the function of the plaintiff as the acting headmaster of the said school. On 27 10-75 one Kuber Nath, who was the headmaster of the school, had informed the Sub-divisional Education Officer that he was going to retire on 4-11-75 and sought his instruction as to who the should hand over charge on his retirement He forwarded that letter to the D. E. O. According to the petitioner, on 30-10-75 the D. E. O. passed an order while he was at Arrah that the petitioner was senior and, therefore, he should be put in charge. A copy of the said letter of the D.E.O. was taken by one of the teachers of the school, who had gone to Arrah, and he delivered it to Kuber Nath on 1-11-75 at 7 P. M. On that date the managing committee of the school passed a resolution to the effect that since Kuber Singh was retiring on 4-11-75, he would hand over charge to the person directed by the Board or D. E. O. If no clear direction was received, then in that case, if necessary, an extraordinary meeting of the managing committee would be called on 4-11.75 to consider the matter. In the said meeting, among others, Kuber Nath was also present-vide Annexure '2'. However, on 3-11-75, Kuber Nath handed over formal charge to the plaintiff-opposite party under Annexure '3', the relevant portion of which reads thus:-