( 1 ) THE petitioner had filed a suit for a declaration that his termination of service is illegal and invalid and that he is entitled to continue in service as well as to the payment of salary. A preliminary issue was framed as to the maintainability of the suit. The trial court had held that the suit is not maintainable. Against the said order, misc. Appeal No. 13 of 1989 was preferred. The said appeal was allowed and it was held that the suit is maintainable as framed. Learned counsel for the petitioner Mr. K. P. Vajpayee had argued that in view of the provisions contained in section 6 of the U. P. Public service Tribunal Act, the suit is not maintainable. He also contended that even if the suit is not barred by section 6 of the said Act by reason of Chapter III of the Regulation framed under the U. P. Intermediate Education Act, 1921, the Civil Court cannot assume jurisdiction in respect of termination of service of an employee other than teachers.

( 2 ) SRI G. D. Mishra, learned counsel for the respondent no. 4 on the other hand contended that the civil suit is maintainable and he had referred to several judgments on this point. According to him, the petitioner not being a pub