Decided on March 01,2009

Md. Azizul Hoque Appellant
Md. Aftabuddin Respondents


MD.JOYNUL ABEDIN J. - (1.) This petition for leave to appeal is directed against the judgment and order dated 23.4.2008 passed by a Single Bench of the High Court Division in Civil Revision No.706 of 2006 making the rule absolute and thereby reversing the judgment and decree dated 17.11.2005 passed by the learned Joint District Judge, 2nd Court, Manikganj in Title Appeal No.65 of 2005 allowing the appeal setting aside the judgment and decree dated 23.4.2005 passed by the Senior Assistant Judge, Upazila, Manikganj Sadar in Title Suit No.112 of 2004 decreeing fee suit.
(2.) The respondent No.1 instituted Title Suit No.112 of 2004 for declaration that the order of cancellation of his appointment as Assistant Head Master of Khabashpur Labonya Prova High School is illegal, void, collusive and not binding upon him. The short fact of the cases is that the plaintiff joined the said school on 13.5.1996 as Assistant Teacher (Agriculture) and thereafter on 1.1.1997 as Assistant Teacher (Biology). During his service as Assistant Teacher, the post of Assistant Head Master was lying vacant for which on 18.8.2003 a circular was published in the Daily Inquilab for the said post. The plaintiff with the consent of the authority applied for the said post and the authority on the basis of numbers obtained in the written examination and viva-voice examination of candidates appeared in the examination selected the plaintiff for the post, of Assistant Head Master and the Managing Committee on 7.9.2003 issued appointment letter to him. The plaintiff accordingly submitted his resignation from the post of Assistant Teacher and joined in the post of Assistant Head Master on 10.9.2003 and he signed the Hajira Book upto 13.5.2004 as Assistant Head Master and drew salary from September, 2003 to January, 2004. According to the condition of the appointment letter, the Head Master of the School through District Education Officer sent a letter to the Director General for approval. The plaintiff took leave for 2(two) days and when on 17.5.2004 he was signing the attendance register the Head Master told him that his appointment was cancelled and a letter to that effect was sent by post and the plaintiff received the same on 22.5.2004. The plaintiff thereupon filed an application to the Head Master for reconsideration of the said letter of cancellation but in vain which compelled him to file the instant suit.
(3.) The defendant Nos.1-8 contested the suit by filing written statement denying the material allegations made in the plaint but the defendant Nos. 9-10 supported the case of the plaintiff.;

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