PRINCIPAL SWAMI RAMA NAND MAHAVIDYALAYA INTER COLLEGE v. LEELAWATI
1979-10-19
A.N.VARMA
body1979
DigiLaw.ai
A. N. VERMA, J. This is a defendants second appeal arising out of a suit filed by the plaintiff-respondents for a declaration to the effect that they are still in service of the defendant-appellant College run and managed by the respondent No. 5 managing committee. The trial Court had decreed the suit. On appeal the decree of the trial Court was affirmed. Hence this second appeal by the defendant-appellant No. 1, who is the Principal of Swami Rama Nand Maha Vidyalaya Inter College, Farrukhabad. Briefly stated, the plaint case was that the plaintiffs were the employee of the aforesaid college having been employed as peons. They were working in the College for the periods ranging between 15 months to 12 years. On the expiry of the periods of probation the plaintiffs were confirmed in service. The plaintiffs received notices of termination from defendant No. 4 Sri Sarju Prasad Tripathi, the Principal of the College on 26-9-1969 by which they were intimated that their services were terminated w e. f. 30th September, 1969. The plaintiffs were permanent employees and their services cannot be terminated except in accordance with statutory provisions namely the Intermediate Education Act and the Regulations framed thereunder. As the notices of termination violated the mandatory provisions of law they were null and void and the plaintiffs were entitled to be declared as continuing in service. The defence of the defendant No. 1 to 3 was that the plaintiffs were not employed by the college. They were the private servants of Sri Nanda Ram, ex-principal of the college. Their names do not find place in the pay roll of the college. In the alternative it was pleaded that the plaintiffs were temporary employees and their services could be terminated at any time. The suit for specific perform ance of the contract of service was not maintainable. The suit was also bad for raisjoinder of cause of action. On the pleadings of the parties, the following issues were framed; 1. Whether the suit is under-valued and Court-fee paid is insuffi cient ? 2. Whether the suit is bad for multifariousness ? 3. Whether the plaintiffs were servants of the college? If so, its effect ? 4. Whether the defendant No. 1 s order to terminate the services of the plaintiffs is illegal and invalid ? 5. Whether the suit is bad for misjoinder of plaintiffs ? 6.
2. Whether the suit is bad for multifariousness ? 3. Whether the plaintiffs were servants of the college? If so, its effect ? 4. Whether the defendant No. 1 s order to terminate the services of the plaintiffs is illegal and invalid ? 5. Whether the suit is bad for misjoinder of plaintiffs ? 6. Whether the suit is not legally maintainable ? 7. To what relief, if any, are the plaintiffs entitled ? The trial Court answered issues Nos. 3 and 4 which were the vital issues involved in the case, in favour of the plaintiff-respondents. It found that the plaintiffs were the confirmed employees of the College and that they were not the private servants of the principal. It further found that as confirmed employees the services of the plaintiff-respondents could not be terminated except by giving them statutory notices or salary in lieu thereof in accordance with the provisions of law, relating to the services of the category of the plaintiffs. On these findings, the trial Court decreed the plaintiff-respondents suit. Aggrieved, the appellants filed an appeal. The appellate Court concurred with the trial Court in the findings mentioned above. The lower appellate Court has held that under Rule 26 appearing under Chapter III of the Regulations framed under Section 15-G of the Intermediate Education Act, the services of permanent employee, of a College can be termi nated only by giving him three months notice or three months pay in lieu thereof on the ground of abolition of the post which the employee is holding. The appellate Court has found that in the present case, the post which the plaintiff-respondents No. 1 to 3 were holding had admittedly not been aboli shed. Indeed, the lower appellate Court has observed that it was not even the case of the defendants that the services of the plaintiffs have been terminated on account of abolition of their posts. The lower appellate Court has, therefore, held that the purported termination of the plaintiff-respondents services was invalid on the ground of being in disregard of a stututory prohibition. Learned counsel for the appellant submitted the following point for my consideration.
The lower appellate Court has, therefore, held that the purported termination of the plaintiff-respondents services was invalid on the ground of being in disregard of a stututory prohibition. Learned counsel for the appellant submitted the following point for my consideration. "regulation framed under the Intermediate Education Act provides for an appeal to the committee of management and, inasmuch as, the plaintiffs did not pursue that remedy their suit was not maintainable" Where the plaintiff comes with a complaint that the termination of his services is in violation of statutory provisions of law having a mandatory character, the existence of an alternative remedy provided for in the statute itself does not affect the jurisdiction of the Civil Courts to entertain the suit. There is, therefore, no substance in the points urged by the learned counsel for the appellant. As regards the question whether the Civil Court had jurisdiction to grant a decree which has the effect of enforcing a contract of personal services, the lower appellate Court has held that the suit being based upon breach of manda tory provisions of the Intermediate Education Act, such a relief could be granted to the plaintiff. The view of the lower appellate Court is in conson ance with the Full Bench decision of this Court in Aley Ahmad v. District Inspector of Schools (A. I. R. 1977 All. 539 ). The following question was referred to the Full Bench: "whether the Committee of Management of an Intermediate College is a Statutory body and if so, whether a writ petition filed against it will be maintainable ?" The learned Judges held that a committee of management of an Inter mediate College is not a statutory body. They have however, held that a writ of mandamus could be issued to the committee of management if the petition is based upon a complaint that statutory obligations and duties imposed upon the committee have been violated. That being so, it is clear that the suit of the plaintiff- respondents was maintainable. The view taken by the lower appellate Court is, therefore, correct. In the result, the appeal fails aad is dismissed. There will be no order as to costs. .