NASIRUDDIN MONDAL Vs. MARGRAM HIGH SCHOOL
HIGH COURT OF CALCUTTA
Margram High School
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Tarun Chatterjee, J. -
(1.)This appeal has been preferred against the judgment and decree passed by Sri N. K. Batyabal, Additional Distt. Judge, 3rd Court at Murshidabad in Title Appeal No. 194 of 1977 affirming the judgment and decree dated 15th Sept., 1977 passed by Sri Anup Das, Munsif 2nd Court at Kandi in Title suit No. 236 of 1970. The appellant as a plaintiff instituted the suit for permanent injunction upon a declaration that the resolution of the Managing Committee of Margram High School, Kandi in the district of Murshidabad (hereinafter referred to as the 'school') taken on 19th Sept., 1970 terminating the service of the appellant as an assistant teacher of the school was void, illegal and inoperative and for other incidental reliefs.
(2.)The case made out by the appellant in the plaint may be briefly stated as follows:-
On 2nd Dec., 1967 the appellant was appointed as an Assistant Teacher of the school of which the respondent Nos. 1 to 12 were the members of the Managing Committee of the School. On 24th March, 1970 the Managing Committee of the school passed a resolution confirming the appellant as an assistant teacher of the school. The appellant claimed in his plaint that he also became a permanent assistant teacher of the school by working there continuously for more that 3 years. A resolution was passed by the Managing Committee of the school on 19th of Sept., 1970 terminating the service of the appellant with effect from 15th Nov., 1970. In the plaint the aforesaid order of termination was challenged as illegal and invalid and without jurisdiction.
(3.)The respondents filed a joint written statement wherein they categorically denied the allegations made by the appellant in his plaint. In the written statement the respondents alleged that the resolution of the Managing Committee of the School terminating the service of the appellant was legal and valid and that the Managing Committee had the discretionary power to pass such order of termination against the appellant.
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