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1996 Supreme(Mad) 187

S.S.SUBRAMANI
Somasundaram – Appellant
Versus
Liyakat Ali and Another – Respondent


Advocates:
Mr.V. Raghavachari, Advocate for Appellant. Mr.D. Sivakumar, Advocate for 1st Respondent, Mr.R. Senniappan, Advocate for 2nd Respondent.

Judgment :

1. This second appeal is by the second defendant in O.S.No.348 of 1988, on the file of the District Munsif s Court, Namakkal. First defendant is the Special Officer, Pandamangalam Primary Co-operative Bank Limited (Second respondent herein) and plaintiff is the first respondent herein.

2. For the sake of convenience, the parties are referred to in this judgment according to the array of parties in the suit.

3. Plaintiff filed the above suit for a declaration that the second defendant is junior to him and also for a declaration that the resolution passed by the first defendant on 9. 1987 appointing the second defendant as Senior Clerk is illegal, incompetent and without jurisdiction.

4. Material averments in the plaint are the plaintiff joined as Clerk on 5. 1976. Initially the appointment was temporary. But his appointment was regularised from 9. 1976. The second defendant was appointed on 11. 1976 in a regular vacancy. Before 11. 1976, the second defendant was working as a clerk in another co-operative society unconnected with the first defendant. By proceedings of the first defendant, he declared the second defendant as senior to plaintiff, and he has been design
















































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