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1993 Supreme(Cal) 247

N.K.Mitra
Bhowanipore Gujarati Education Society – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
Kashinath De, U.S. Menon.

JUDGMENT

1. THE opposite parties field Title Suit No. 284 of 1976 in the 4th Court of the learned munsif at Alipore against the petitioner, subsequently re-numbered on transfer to the 3rd additional munsif at Alipore as Title Suit No. 86 of 1984, claiming for the following reliefs :-

"(a) A decree declaring that the plaintiffs have been and are Class iii employees;

(b) A decree declaring that the decision caused by the defendants declaring the plaintiffs as Class- IV staff is illegal, improper, in valid and inoperative and must be set aside;

(c) Ad-interim, temporary and permanent injunction restraining the defendant No. 1 and 3 from giving further effect to the decision dated 3. 10. 75 for demotion of the plaintiffs to Class- IV;

(d) Mandatory injunction directing status-quo ante, before the date of taking decision for demotion namely;

(e) Costs;

(f) Such other and further relief/reliefs as the plaintiffs may be found entitled to."

2. THE opposite parties, in paragraph 1 of the plaint, which is quoted below, had stated inter alia, that they were working as "laboratory assistants" under the defendant No. 1 in the suit.

"1. That the plaintiffs who are all moderately educated (Higher s












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