S.N.Srivastava - (1.) -This writ petition is directed against the order passed by the Civil Judge (Junior Division), Naugarh, District Siddharthnagar, dated 20.2.2001 (Annexure-9 to the writ petition) deciding Issue No. 2 and allowing the preliminary objection filed by the defendant that suit is cognizable under U. P. Public Services (Tribunal) Act, 1976.
(2.) HEARD learned counsel for the parties. Learned counsel for the petitioner urged that finding of the Civil Judge (Junior Division) that petitioner is a public servant and the case of petitioner could be entertained under U. P. Public Services (Tribunal) Act, 1976, is unsustainable in law in view of the fact that petitioner is an employee of a Degree College managed by a private Management affiliated to a University under the U. P. State Universities Act and in view of the definition of public servant under Section 2 (b) of the U. P. Public Services (Tribunal) Act, 1976, petitioner cannot be said to be a public servant and as such the impugned order holding that a civil suit not maintainable and returning the same to be presented to the U. P. Public Services Tribunal is liable to be set aside. Sri M. D. Misra, learned counsel appearing on behalf of Management, in reply urged that as the petitioner was getting salary from the State Exchequer, petitioner will come within definition of public servant as defined under Section 2 (b) of the U. P. Public Services (Tribunal) Act, 1976. He states that in all the Degree Colleges the payment of salary to the Teachers and other employees is made from the State Exchequer. Petitioner was rightly held to be a public servant and Civil Judge rightly held that suit was not maintainable to be entertainable under the U. P. Public Services (Tribunal) Act, 1976 and the suit was not maintainable.
(3.) AFTER careful consideration of arguments of learned counsel for the parties, it is necessary to refer Section 2 (b) of the U. P. Public Services (Tribunal) Act, 1976, where public servant has been defined. Same is being reproduced below : "2 (b) "public servant" means every person in the service or pay of : (i) the State Government ; or (ii) a local authority not being a Cantonment Board ; or (iii) any other corporation owned or controlled by the State Government (including any company as defined in Section 3 of the Companies Act, 1956, in which not less than fifty per cent of paid up share capital is held-by the State Government) but does not include- (1) a person in the pay or service of any other company ; or (2) a member of the All India Services or other Central Services :" As petitioner was appointed in Shivpati Degree College Shohratgarh, Basti and his services were terminated by the Principal who is not in the employment of the State Government and petitioner was also not appointed by the State Government, but was an employee of a private Degree College recognised under the U. P. State Universities Act, he cannot be said to be a public servant.;