BANSHIDHAR MISRA Vs. STATE OF WEST BENGAL
LAWS(CAL)-1983-4-20
HIGH COURT OF CALCUTTA
Decided on April 20,1983

BANSHIDHAR MISRA Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) JOINT Secretary. Govt, of West Bengal Education Department, Primary Branch, to the Director of Primary Education, West Bengal new Secretariat Building, Calcutta; which has been annexed as annexure B to the writ application as well as the order of the Deputy Secretary to the Government of West Bengal, to the Director of primary Education, West Bengal dated 20122. 6. 79 annexed as annexure D to the. writ application on the ground inter alia that those two government orders are not in accordance with the provisions of the West Bengal Urban Primary Education Act, 1963 and the rules framed thereunder and also on the ground that the consequential order of reinstatement as made by the order dated 22. 6. 79 is illegal, arbitrary and bad inasmuch as the respondents nos. 7 to 9" do not come within the purview of politically victimised teachers
(2.) THE facts as_ appear from the writ application are as follows. The petitioner no. 1, it has been stated, is the founder Secretary of B. D. Adarsha Prathamik Vidyalaya at Kaachrapara established, in- 1966 This school is a Hindi medium Class- IV school under the Kanchrapara Municipality The petitioner no. 2, chand Bali,, is a guardian of his ward dilip Kumar Bali and he is interested in the proper running, management as well as imparting of instruction to the. pupils reading in the school. It has been stated that the respondents, nos. 7 to 9 i. e. B. G. Sharma,, T. N. Singh and Sindulu Rani Dutta were appointed as assistant Teachers in this school. Those I assistant Teachers absented themselves; from their duties without taking any leave on and from April 6,1971' Related letters were addressed to them to their duties but none of these teachers did join their duties in the school nor did they apply for leave or took any leave from the school. The managing committee of the school at its meeting held on 16. 7. 71 terminated the services of these three teachers. The resolution that was adopted at the said meeting is on the following terms: "resolved that the services of the following teachers who have been absenting from duty without any authority since 6. 4. 71 viz. (1) S Bhajagobinda Sharma (2) Sri Tribhuwan Nath Singh (3) Smt. D. R. Dutta and who have neither joined as yet nor assigned any reason against such legal action inspite of registered letter dated 23. 4. 71 having been issued to each of them and also duty acknowledged by them and whose whereabouts are not also traceable up to date and for whose long absence the work of the school had been suffering and who could not be called upon to reply to the charges in absence of their present whereabouts are terminated with immediate effect and the arrangement made the Headmaster appointing new teacher in replacement on a temporary measures for the greater interest of the school is ratified. Be it further resolved that District inspector of Schools, 24-Parganas be supplied with a copy of the above resolution for his approval. "
(3.) THIS resolution was duly forwarded to the District Inspector of Schools, primary Education, 24-Parganas (respondent no. 4 ). The respondent no. 4 duly approval to the said resolution on 9. 6. 73 in the following terms: "in reference, to the above the undersigned has to inform that the resolution passed by the managing committee of the school dated 16. 7. 72 is hereby accepted. In view of the above, now qualified tends may be recruited in place of them, if necessary. Sd/-III egible. Dist. Inspector of Schools (Pry)S4 Parganas.;


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