K.T. Sankaran, J.

1. The respondent in this Civil Revision Petition filed O.S.No.1348 of 2003, on the file of the Court of the I Additional Munsiff of Ernakulam, for a declaration that the termination of the plaintiff from service in the first defendant School, as per letter dated 23.6.2003, is void and illegal and that the plaintiff is entitled to continue in the first defendant School as a Music Teacher on the same salary and service conditions which he was enjoying at the time of his termination, till the plaintiff's service is lawfully terminated in accordance with the Bye-laws made by the Central Board of Secondary Education. There was also a prayer for mandatory injunction, directing the defendants to reinstate the plaintiff in service as Music Teacher and to recover a sum of Rs.9,000/- per month as damages from the defendants from the date of suit till the plaintiff is reinstated in service.

2. The trial court decreed the suit in part as per the judgment and decree, dated 31.1.2004. The defendants had raised a contention that the suit was not maintainable. The trial court held under issue No.1 that the suit is maintainable. On the merits of the case, the trial court held