Poonam Srivastav, J. - (1.) -Heard learned counsel for the appellant.
(2.) RECORD of the lower court is made available. The instant appeal was dismissed is default by this Court vide order dated 4.5.2007. The order dated 4.5.2007 dismissing the appeal has been recalled by this Court vide order dated 4.8.2008. The appeal is restored to its original number. The appellant has preferred this appeal challenging the judgment and decree dated 5.4.1983 passed by the Additional Civil Judge, Bulandshahr, in Civil Appeal No. 515 of 1979 setting aside the judgment and decree dated 28.11.1979 passed by the VIIth Additional Munsif, Bulandshahr, in Original Suit No. 380 of 1978. An original suit was instituted by the plaintiff/appellant for declaration. The declaration was prayed for that the plaintiff continued to function as Principal of Amar Jyoti Junior High School, Ajitpur Bhagwala, Pargana Agota, District Bulandshahr. The salary and allowances payable on the said post were also claimed and injunction was sought that the defendant/respondents be restrained from interfering in his functioning as Principal of the institution.
(3.) THE appellant claimed that he was appointed as Principal by means of valid resolution, which was duly approved by the Basic Shiksha Adhikari and appointment letter was issued vide Exhibit-1. THE appellant was appointed as permanent Principal but his services were illegally terminated without obtaining any approval by the Basik Shiksha Adhikari, which was a condition precedent for terminating services of the Teachers and Principal of Basic Schools. THE services were governed by the Basic Shiksha Adhiniyam. Management Committee of the institution was arrayed as defendant No. 1, Society Junior High School Ajitpur Baghwala as defendant No. 2, Manager, Amar Jyoti Junior High School as defendant No. 3 and Zila Basic Shiksha Adhikari, Bulandshahr as defendant No. 4.;