- (1.) The Court: Originally the writ petition was filed by Madan Lal Patodia in his capacity as the President of the Managing Committee of Shri Vishuddhananda Saraswati Vidyalaya and as the Trustee of S.V.S. Educational Charitable Trust. The Headmaster of the said School was added as one of the respondents. The respondent No.6 having pointed out that other members of the Managing Committee of the School are not petitioners and as such the petition cannot be treated to be on behalf of the Managing Committee of the said School, an application was made by 11 other members of the Managing Committee of the School for being added as petitioners and the said application was allowed.
(2.) The subject matter of this writ petition is the order of the District Inspector of Schools (SE), Calcutta whereby and under approval has accorded to the extension of services of the respondent No.6 as Assistant Teacher of the School for the period 12th November, 1997 to 11th November, 1998. During the pendency of the writ petition another order dated 1st December, 1998 was passed extending the services of the respondent No.6 as Assistant Teacher of the School for the period 12th November, 1998 to 11th November, 1999 by the self-same District Inspector of Schools(SE), Calcutta and the said order has been assailed by a separate application although made in the self-same writ petition but not on the same or similar grounds on which the 1st order was challenged.
(3.) In the writ petition an interim order was passed on 13th January, 1998 whereby and where under the respondent No.6 was asked not to attain the School for the purpose of taking classes but the School Authorities agreed to pay his salary without prejudice to the rights and contentions of the parties. The respondent No.6 contended that the School Authority did not pay the monthly salary for the month of December, 1997 and also the Casual Leave pay for 1997-1998 amounting to Rs.1, 349.70 and Rs. 2,378 respectively aggregating to Rs. 3,727.70 and accordingly filed an application seeking a direction upon the School to pay the same.;