JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 09.10.2007 made in A.S.No.208 of 2007 on the file of the learned Additional District Judge, Fast Track Court No.V, Chennai, confirming the judgment and decree dated 01.12.2006 made in O.S.No.1577 of 2004 on the file of the learned II Assistant Judge, City Civil Court, Chennai.)

1. Aggrieved over the concurrent findings made in A.S.No.208 of 2007 dated 09.10.2007 on the file of the learned Additional District Judge, Fast Track Court No.V, Chennai and in O.S.No.1577 of 2004 dated 01.12.2006 on the file of the learned II Assistant Judge, City Civil Court, Chennai, the appellant, who is the plaintiff in the above referred suit, is before this Court with the present Second Appeal.

2. Before the trial Court, the appellant/plaintiff herein filed the suit, seeking the relief of declaration, declaring that the order passed by the defendant dated 16.03.2004, as illegal and void and consequentially, for the relief of injunction, restraining the respondent, his men and servant, in implementing the order dated 16.03.2004.

3. By judgment and decree dated 01.12.2006, the learned II Assistant Judge, City Civil Court, Chennai, had dismissed the suit with entirety. Challenging the same, the appellant preferred an appeal, in A.S.No.208 of 2007 on the file of the learned Additional District Judge, Fast Track Court No.V, Chennai. By judgment and decree dated 09.10.2007, the learned Additional District Judge, Fast Track Court No.V, Chennai, after confirming the findings arrived at by the trial Court, dismissed the appeal. Feeling aggrieved over the judgment and decree, the plaintiff in the suit, preferred this Second Appeal.

4. For the sake of convenience, hereinafter, the parties, are referred to, as per their litigative status before the trial Court.

5. The laconic averments made in the plaint, are as follows:

(i) The defendant Trust is a public Trust constituted under the Trust Act and the founder of the Trust was Late Chevalier T.Thomas. After the death of the founder, his wife, namely, Elizabeth Thomas was the Correspondent and the Managing Trustee. The defendant Trust runs many institutions viz. Marian Higher Secondary School, Kottayam, Kerala, St.Mary’s Boys Higher Secondary School, Perambur, St.Mary’s Girls Matriculation Higher Secondary School, Perambur, Chennai, St.Mary’s Matriculation Higher Secondary School, Red Hills, St.Mary’s Girls Primary School, Kodugaiyur, Chennai, CTTE College of Women, Sembiam, Chennai and PAM Engineering College, Ponneri.

(ii) After becoming Correspondent by Elizabeth Thomas, due to the intervention of the Court, the defendant Trust was run by the present Managing Trustee L.Palamalai under the Chairmanship of J.Kanagaraj. After taking over of the Trust, the present Managing Trustee L.Palamalai has been taking arbitrary decisions in the Administration of Trust.

(iii) The plaintiff was appointed by the defendant Trust as a Teaching Assistant in Marian Higher Secondary School, Kottayam, Kerala, in the year 1993. At the time of appointment, the plaintiff was paid a consolidated pay of Rs.1,000/- per month and the defendant Trust did not give any written appointment order, but however, by order dated 18.07.1994 passed by the Correspondent, the plaintiff was appointed as a Teaching Assistant with a consolidated amount. The plaintiff had been discharging her duties faithfully and effectively. While so, the warden of the hostel at Marian Higher Secondary School, Kottayam, Kerala, had left and the plaintiff was taking care of the post of warden incharge and also as a Teaching Assistant.

(iv) On 01.07.1997, the plaintiff was appointed as Administrative Officer of Marian Higher Secondary School, Kottayam, Kerala, subsequently, by order dated 29.06.1998, the plaintiff was transferred to the defendant Trust Office at Chennai as a Administrative Officer w.e.f. 01.06.1998. The plaintiff was drawn the salary of