Decided on May 06,1983

Paritosh Sil And Ors. Appellant


Amitabha Dutta, J. - (1.) This Rule is at the instance of the members and office bearers of the Managing Committee of Sheoraphuli Netaji Balika Vidyalaya Mandir (hereinafter called the school), who have challenged the Government order No. 1071EDN(S) dated the 19th August 1977 and the order of the Director of Secondary Education as communicated by the District Inspector of Schools (SE), Hooghly to the Secretary of the school under Memo No. 3226 lated 28th October, 1978 directing the authorities of the school to allow he respondents Nos. 5 and 6 to rejoin the school as Assistant Teachers and the respondents Nos. 7 and 8 to rejoin their respective posts as Class IV employees in terms of the aforesaid Government order.
(2.) The petitioner's case is that the respondent Nos. 5 to 7 were never teachers and non-teaching staff of the school that they were never appointed as such and never signed the attendance register and that the question of their rejoining the school does not arise. The respondent No. 8 had been superannuated long ago by the then Administrator of the school. The impugned Government order dated 19.8.77 is illegal as it purports to override the relevant statutory provisions and the jurisdiction of the Appeal Committee constituted under Section 22 of the West Bengal Board of Secondary Education Act, 1963 (hereinafter called the Act).
(3.) On behalf of the respondents Nos. 5 and 6 an affidavit-in-opposition was affirmed on 30.3.1983. Before that they had applied for vacating the interim order of injunction issued in the Rule and in that application had stated that they were appointed as Assistant Teachers of the school by appointment letters dated 10.7.74 of the then Sub Divisional Officer, Serampore who was the administrator of the school. They further stated that they were not being allowed to work as teachers of the school by the Administrator or the Managing Committee from "around 1976" without any reason whatsoever. So, they made representations of their grievances to the Director of Secondary Education, West Bengal who by his order directed the Managing Committee of the school to allow them to rejoin as Assistant Teachers of the school in terms of the G.O. No. 1071-EDN(S) dated 19.8.77. The school authorities have not paid any salary to the respondents Nos. 5 and 6 nor have they passed any order terminating their services. The same facts have been pleaded in the affidavit-in-opposition in which it has been further stated that they worked as Assistant Teachers of the school till 1974 and used to sign attendance register until the disturbed times of 1976. By a supplementary affidavit they have pleaded that a new Managing Committee of the school came into existence and took charge on and from 26.1.1982 consisting of members and office bearers other than petitioner Nos. 1 to 3 and 6 to 10 and so the petitioners have no locus standi to maintain their application. The impugned Government Order No. 171-EDN(S) dated the 19th August 1977 runs as follows : "Absence Under Duress Government order No. 1071-Edn (S)/ IS-19/77 Dated Calcutta the 19th Aug 1977 From Sri B.N. Chatterjee, I.A.S. Joint Secretary to the Government of West Bengal. To The Director of Secondary Education, West Bengal. Sub : Absence of teachers and non-teaching employees of recognised non Govt. Secondary Schools, prevented under duress from attending their school and performing normal duties. In continuation of G. O. No. 1050 Edn (S) dated the 17th August 1977 the undersigned is directed to say that the cases of teachers and other employees who were prevented under duress from attending their schools and performing normal duties have been considered by the Government. After careful consideration of the cases the Government is pleased to direct that : (i) the teachers and other employees who were actually prevented from attending schools or performing their normal duties, be immediately allowed to join their duties. They should join their duties in respective Institutions within one month from the date of this order or may, at their option, continue to remain in any alternative employment in any other educational institution within the State ; and the period of their absence be reckoned as qualifying for increment as a special case, in relaxation of normal rules. Teachers and other employees concerned should draw pay and allowances as admissible from the date of resumption of duties. A further communication will follow regarding regulation of period of absence. The District Inspector of Schools concerned should be advised to communicate this decision to all Heads of Secondary schools. In case of any difficulty experienced by any employee the matter should be brought to the notice of the District Inspector of Schools, who should immediately report the same to the Director of Secondary Education and take necessary step to implement the decision. If any school fails to implement the decision of the Government the case should be reported to this Department as early as possible. Sd/- B.N. Chatterjee, Joint Secretary. Memo No. 3099(6)/Sc./G Calcutta the 22 Aug 1977";

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