SHYAMA CHARAN DAS Vs. DIRECTOR OF SCHOOL EDUCATION (PRIMARY SECTION), CALCUTTA
LAWS(CAL)-1991-2-63
HIGH COURT OF CALCUTTA
Decided on February 01,1991

SHYAMA CHARAN DAS Appellant
VERSUS
Director Of School Education (Primary Section), Calcutta Respondents

JUDGEMENT

Mahitosh Majumdar, J. - (1.) This writ application is directed against non-payment of their salaries since November 17, 1988 till date despite repeated requests made by the petitioners in the respect and withdrawal of appointment of the petitioners by an order dated December, 1, 1990 being an annexures to the supplementary affidavit of the petitioners have been appointed as Assistant Teachers in the Town Hasnabad G.S.F.P. School, P.O. Hasnabad, District-North, 24-Parganas (hereafter, for short' the said school) in the year-1986-and since the date of their appointments they have been discharging their duties and functions as Assistant Teachers of the said school. The said appointment of the petitioners in the post of Assistant Teacher in the said school were approved by the District Inspector of Schools (SE) North 24-Parganas vide his memo. No.442/I/(6)NP dated May 23, 1990. The said memo reads thus : "In pursuance of the Director of School Education West Bengal memos No. 1461-SC/P dated 4-5-90, No. 1231(4-) SC/p. dated 9/13-4-87 and the G.O. No. 975-Edn(P) dated 26-11-81 the appointment of the following teachers of Town Hasnabad G.S.F.P. School, P.O. Hasnabad has been approved w.e.f. 17-11-88. JUDGEMENT_63_LAWS(CAL)2_1991.html Sd. A. K. Chatterjee, District Inspector of Schools (P.E.) North 24-Parganas"
(2.) The grievance of the petitioners is that has been duly fixed. Fixation of initial pay in their initial pay in the revised scale, 1990 in the revised scale for the petitioner as are terms of memo. No. 33-Edn(B) dated 7-3-1990 shown in Annexure "B" to this application is given below : "FORM OF FIXATION OF INITIAL PAY IN THE REVISED SCALE 1990 AS PER MEMO NO. 33-Edn. (B) dated 7-3-1990. JUDGEMENT_63_LAWS(CAL)2_1991(1).html
(3.) Despite the said approval with effect from November 17, 1988, the petitioners were not paid their due salaries although they were and/or are discharging their functions as Assistant Teachers without any break and interruption, In this context, reference was made by the petitioners to the credit journal of the State Bank of India, Basirhat Branch which shows that along with Gour Pada Ghosh, Binapani Ghosh, Sakti Kumar Mitra, Ram Sundar Boral and Subrata Kr. Ghosh, the petitioners are working in the said school but the petitioners were denied the monthly remuneration for rendering their services to the said school. Although the petitioners made prayer to the Sub-Inspector of Schools, Hasnabad Circle, respondent No. 3 herein for making payment of bill with effect'fr9m Nov. 17, 1988 till this date but nothing has been done by the respondents concerned.;


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