- (1.)THIS appeal, under Section 100 of the Code of Civil Procedure, is directed against the judgment and decree dated 3-7-1996 in Civil Appeal No. 34-A/96 passed by 7th Additional Judge to the Court of District Judge, Bhopal arising out of judgment and decree dated 2-4-1996 in Civil Suit No. 30-A/91 passed by 1st Civil Judge Class II, Bhopal.
(2.)THE appellant-plaintiff Zafar Hussain Siddique was appointed as a Lecturer of Botany in Safia College, Bhopal in the year 1971. He was granted leave without payment to proceed to Nigeria on condition between the period from 5-9-1981 to 4-9-1983 for taking there job. The condition precedent, however, was that on his return, the appellant shall contribute Rs, 5,000/-towards the development of the Safia College, Bhopal, where he was working. The Safia College was being run by the Safia Education Society, Bhopai-respondent No. 2. It is also not disputed that the respondent No. 2 receives grant from the State Government and was covered by Madhya Pradesh Ashaskiya Sikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (henceforth 'the Adhiniyam' ). According to the allegations made in the plaint, it was held that initial leave granted to the appellant was extended upto 1985. It was claimed by the appellant that when he came back to Bhopal in September, 1985, after completing the full period of leave, he was not permitted to join the duty in the Safia College, Bhopal by the respondents. His request to the State Government, which was defendant No. 3 in the suit, was not of any avail. Thereafter, the appellant filed the civil suit for declaration that he was in service with effect from September, 1985 because the respondents have arbitrarily denied him his right to continue in service even though he was ready and willing to pay Rs. 5,000/- as per initial condition of grant of leave without payment. It was claimed that instead, the respondents demanded Rs. 25,000/- and, therefore, he was not allowed to join the duties.
(3.)THE respondents did not dispute that the appellant was permitted to go abroad on leave without payment from 5-9-1981 to 4-9-1983. However, it was claimed by the respondents that thereafter his leave was not extended and, therefore, the appellant wilfully remained absent from his duties without permission of the competent authority i. e. , the governing body of the Safia College. Thereafter, it was claimed that the services of the appellant were terminated with effect from 1-4-1985 and the information was sent to the State Government, the defendant No. 3 in the suit. It was also stated that Rs. 5,000/-, as per the condition of grant of leave, were not offered by the appellant and, therefore, the appellant had no right to remain in service.