- (1.) This appeal has been preferred against the judgment dated 17.7.1999 passed by Ist Additional District Judge, Basti in Civil Appeal no. 17 of 1994 (Jhinkan Choudhary vs. Indira Gandhi Intermediate College, Kaptanganj & others).
(2.) In original suit no. 327 of 1983 (Jhinkan Choudhary vs. Indira Gandhi Intermediate College, Kaptanganj & others.). The plaint case in the brief was that plaintiff was appointed on 08.09.1973 as Assistant Teacher in defendant no.-1 College. He was never terminated from service but since year 1977, the defendant no.-1 through Manager and Principal had stopped salary of the plaintiff without sanction of defendant no.-2 District Inspector of Schools. The cause of action for the suit arose to plaintiff when defendants denied him salary since 1.7.1977, therefore he filed suit for relief of declaration that he is legally appointed Assistant Teacher of defendant no.-1 School and is entitled to be paid salary every month till his services are not terminated in accordance with law. During pendency of suit, plaint was amended for the relief that defendants be directed to pay the entire salary to plaintiff. This original suit was instituted on 11.8.1983.
(3.) Defendants had filed written statement in original suit by which they denied plaint case and further pleaded that plaintiff had never been appointed on 8.9.1973 as teacher and no approval of such appointment was given by defendant no.-2 District Inspector of School (DIOS). The plaintiff has any how obtained any alleged appointment letter which is forged and fictitious document without any sanction of law. Defendant no.-2 is not responsible for the acts of Manager of the school or the plaintiff. The list of teachers working in relevant year 1978 is in the office of defendant no.-2 which was sent by Principal and Manager of the institution on 20.5.1978 and that list does not find name of plaintiff working as teacher in said school. The plaint case is based on incorrect facts. No cause of action arose to plaintiff and suit is also barred by limitation on admitted facts of the plaint, which is liable to be dismissed.;