A.B. Srivastava, J. - (1.) By means of this sixteen year old writ petition the petitioner, a defendant before trial court, has sought quashing of finding of the Civil Judge, Dehradun negativing the plea of non-joinder of necessary party and the order of the District Judge confirming the same in revision.
(2.) A suit No. 46 of 1979 was filed by the plaintiff-respondent No. 1 against the management of the petitioner college claiming that she is a regularly appointed teacher in the said college, at one stage terminated her services, against which, she filed a suit, which was decreed by means of a compromise between her end the Management, yet the management was not paying salary of the said post Hence, the relief claimed was of recovery of post salary end direction to pay the same for the future months also.
(3.) Amongst other pleas, the petitioner contended the suit was bad for non-joinder of the State of U. P. through the Regional Inspectorate of Girls School. Pauri-Garhwal, as the responsibility to pay the salary, under the Payment of Salaries Act, 1871, is on the said authority. It is this plea which was negatived by the court below.;