THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA JUDGMENT: (Per Hon’ble Smt. Justice Tirumala Devi Eada)

This is an appeal filed by the appellant – plaintiff, being aggrieved by the judgment and decree, dated 13.10.2008 passed in O.S.No.18 of 2005 by the learned I Additional District Judge at Mahabubnagar (for short “the trial Court”).

2. The parties are addressed herein as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.

3. The case of the plaintiff before the trial Court is that he was working as a School Assistant in Christhu Jyothi Vidyalayam, Christianpally since 1990 and that he served the institution sincerely without giving any opportunity for any complaint against him. It is his case that in 1993, the defendant No.2 was appointed as Head Master and Correspondent of Christhu Jyothi Vidyalayam, Christianpally and he started paying less salary to the teachers while taking signatures in the acquittance register for higher amounts on the pretext that the performance of the teachers has been poor. It is his further case that the plaintiff did not heed to this proposal and he refused to receive salary for the months of January and February, 1994, thus, defendant No.2 bore grudge against the plaintiff. While so, the plaintiff applied for medical leave from 01.03.1994 to 30.04.1994 due to ill health and the same was sanctioned by defendant No.2 and when plaintiff recovered from illness he reported to duty on 19.04.1994 itself i.e. prior to the expiry of medical leave, by enclosing fitness certificate issued by the doctor. However, the defendant No.2 has not allowed him to join duty and failed to give any reply and has put the matter on hold till 23.04.1994 i.e. when the summer vacation was about to begin. Then the plaintiff reported the matter to DEO on 25.04.1994 and marked copies to defendant Nos.1 and 2. Then defendant No.1 through a letter dated 03.05.1994 informed the DEO that a three men committee including defendant Nos.1 and

2 was appointed to look into the matter.

4. It is his case that the said committee did not meet during the vacation and after the summer vacation he submitted his joining report but defendant No.2 has not allowed him to join. Thus, the plaintiff filed W.P.No.11040 of 1994 before the erstwhile High Court of A.P. and interim directions were given by the High Court directing defendant Nos.1 and 2 to permit the plaintiff to report to duty and during the pendency of the Writ Petition defendant No.1 has terminated the services of plaintiff vide orders dated 23.11.1994. The plaintiff has challenged the said orders vide W.P.No.1031 of 1995 before the erstwhile High Court of A.P. and both the writ petitions were disposed of by a common order dated 16.01.1997 holding that the management of the institution was not justified in not allowing the plaintiff to join duty on 19.04.1994 and that the termination of plaintiff without holding enquiry is illegal and thus, directed the management of the said school to reinstate the plaintiff with pecuniary benefits. Against the said orders, the management preferred W.A.No.398 of 1997 which was dismissed at admission stage, then the defendants have sent a letter to the plaintiff on 13.02.1997 asking him to join duty. Pursuant to which the plaintiff has submitted his joining report on 14.02.1997, to which defendant No.2 has sent a letter to the plaintiff on 15.02.1997 stating that his joining duty was subject to approval of defendant No.1.

5. On 17.02.1997, defendant No.2 called the plaintiff to his office room through aaya of the school and questioned him as to why he signed in the attendance register without the approval of defendant No.1 and also wanted him to sign on two letters.

When the plaintiff wanted to read the letters before his signing, defendant No.2 pushed him out of the room and asked him to leave the school. Then, plaintiff went to Hyderabad and took a letter from his cou