- (1.) R. B. Mehrotra, J. The present second appeal has been filed by the plaintiff-appellants.
(2.) THE facts necessary for the decision of the appeal are as under Sachidanand Dubey, Raj Narain Rai and Saudagar Ram, the plaintiffs in substituted original suit No. 73 of 1989, in the Court of Munsif (East) Ballia. THE defendants arrayed in the suit, inter alia, wore Committee of Management, Shri Sant Ram Raj Goswami Junior High School, Daulatpur, Manager of the same institution through Sri Madhusadan Singh and Sri Sant Ram Raj Junior High School through its alleged Manager Sri Baleshar Singh, Committee of Management of the same institution through Sri Giuri Shanker Singh, District Basic Education Officer, and State of U. P. The relief claimed in the suit was as under :- (a) An injunction be issued against defendant No. 3 and defendant Nos. 1 to 4 restraining them from selecting any person on the post on which the plaintiffs are posted and working and in case the selection has already been made, defendant No. 5 may be restrained from granting sanction to the aforesaid selection and the defendants may further be restrained from interfering in any manner in the working of the plaintiffs as Assistant Teachers in Shri Sant Ram Raj Goswami Junior High School, Daulatpur Ballia (hereinafter referred to as 'institution' ). The facts as stated in the plaint are as under :- Sri Sant Ram Raj Goswami Junior High School, Daulatpur, Ballia is being run by a Society through its Committee of Management, The Society is registered under the Societies Registration Act. On 22nd October 1978 Sri Shashi Bhushan Singh was the President of the Committee of Management and Sri Baleshwar Singh was its Manager. A vote of no confidence was passed against the Manager of the Committee of Management and he was removed from its Management and in his place Sri Madhu Sudan Singh defendant No. 3 was elected as Manager. A dispute arose regarding the removal of Sri Baleshwar Singh, defendant No. 3 from the post of Manager through vote of no confidence and the said dispute became subject-matter of litigation with which the plaintiffs arc not concerned. Plaintiff No. 1 was appointed on permanent basis as Assistant Teacher in Shri Sant Ram Raj Goswami Junior High School, Daulatpur hereinafter referred to as the institution on 1-12-1977. The plaintiff No. 2 was appointed on 1-2-1977 as Assistant Teacher in the aforesaid institution whereas plaintiff No. 3 was appointed on 17-7-1972 as Assistant Teacher in the institution. Plaintiffs No. 1 and 2 were appointed in the pay-scale of Rs. 180 per month. The appointment of plaintiffs was duly approved by the Basic Education Officer on 22-4-1990. It was further stated in the plaint that defendant No. 3 was insisting on the plaintiffs to accept lesser amount of salary and sign on a receipt showing the full amount of salary. The plaintiffs refused to accede to this illegal request of defendant No. 3 who was de facto Manager of the Committee of Management of the institution. Defendant No. 3 out of malice have advertised the post on which the plaintiffs were working treating the post to be vacant. Concealing the correct fact defendant No. 3 is trying to obtain approval of District Basic Education Officer for new appointments. The plaintiffs further stated that the plaintiffs are working as teachers to the satisfaction of all concern and discharge their duties honestly and bona fidely. No notice of terminating the services of the plaintiffs have ever been given. ' The plaintiffs are working from the date of their appointment. However, the defendant Nos. 1 to 4 have not paid salary to the plaintiffs from September, 1979 till filing of the suit and the defendants are trying to obtain approval for appointment on the post on which the plaintiffs are working. On plaintiffs requests three months' salary for the month of My, August and September, 1980 has been given to them by defendant No. 2. The defendants have no right to treat the post vacant, on which the plaintiffs arc duly appointed and working. The defendants have threatened that they will not permit the appellants to work on their post and will select other persons on their pout and will get the approval of Basic Education Officer for the new selected persons, the cause of action is claimed to have arisen on 25-2-1981. The suit was filed on 3-3-1981. Alongwith the plaint an application under Order XXXIX, Rule 1 for interim injunction was also filed praying therein that during the pendency of the suit the defendants be restrained from interfering with the working of the plaintiffs and payment of salary to them. The suit was contested by the two set of Managements who were claiming their right to manage the institutions one set of management, namely, defendant Nos. 1 and 2 supported the plaintiffs' suit whereas defendant Nos. 3 and 4 contested the suit, the suit was not contested by the District Basic Education Officer and State of U. P, who were arrayed as defendant Nos. S and 6. On 7th Septem ber, 1981 the trial court allowed the application for temporary injunction and restraining the defendants from appointing new teachers in place of the plaintiffs under the pretext that the posts occupied by the plaintiffs have stood vacant. Aggrieved thereby the defendant Nos. 3 and 4 filed Miscel laneous Appeals No. 122 of 1981 and 118 of 1981. The IIIrd Additional District Judge Appellate Court by his judgment dated 22-9-1981 dismissed the defen dants appeal and upheld the order of the trial court granting interim injunc tion in favour of the plaintiffs. In the aforesaid judgment the appellate court held as under :- "it is not denied by the appellants that the plaintiffs were appointed as Assistant Teacher in the institution. It is also not denied that they had been continuing in the service of the institution since their appointments. It is further not denied that the institution, the Junior High School, previously got a temporary recognition and since 22-4-1980 it has got permanent recognition. It is further not denied that at the occasion of permanent recognition the Zila Basic Shiksha Adhikari sent his report and approved the plaintiffs as Assistant Teachers in the institution to the higher educational authorities. The plaintiffs have filed the photostat copy of the Attendance Register for certain months including August, 1980 to show that they were serving as Assistant Teachers in the institution even after permanent recognition was acquired. According to rules the Management Committee cannot terminate the services of a Teacher except with the previous approval of the Zila Basic Shiksha Adhikari. There is no allegation or any piece of evidence on record to show that the services of the plaintiffs were ever terminated according to the rules by the Management Committee. "
(3.) THE judgment passed by the appellate court in Miscellaneous Appeal has been extracted above only for the purposes of emphasising the undisputed facts between the parties. On the pleadings of the parties issues were framed by the trial court. Only following issues are relevant for the decision of the present appeal:- (i) Whether the plaintiffs are permanent teachers in Shri Sant Ram Raj Goswami Junior High School. If so, its effect ? (ii) Whether the suit is bad for non-joinder of necessary party ? (iii) To what relief, if any, the plaintiff is entitled ?;