- (1.) THIS appeal has been preferred by the President-cum-Secretary of Sailendra Sircar Vidyalaya, which is a sponsored Institution, against the judgment and order of Suhas Chandra Sen J, whereby the learned Judge allowed the writ petition of the respondent no. 1, Prafulla Kumar Samajdar.
(2.) THE respondent no. 1 is an M. A. B. T. of the Calcutta University. He joined government service as an assistant teacher in the year 1952 and served various government Institutions since then. While he was officiating as the Headmaster of the* Sanskrit Collegiate School, on july 31, 1980 he retired from Government service, on his ataining the ag. of 58 years. After his retirement, the Administrator of Sailendra Sircar Vidyalaya by his letter dated July 1, 1982 appointed the respondent no. 1 to the post of Headmaster of the school on probation for two years with effect from the date on which the respondent no. 1 would join the post, on pay and allowances as admissible under the Rules. The respondent no. 1 joined the post of headmaster of the school on August 1, 1980. On April 8, 1982, the respondent no. 1 drew the attention of the President of the school to the fact that his probationary period would expire on August 1, 1982, and requested the President of the school to confirm him in the post and also to grant one year's extension of his service with effect from August 1, 1982 as he was physically fit. In support of his physical fitness a medical certificate was sent by him along with the said letter. Again he wrote another letter on April 11, 1982 to the President of the school requesting him to confirm him (the respondent no. 1) in the post of Headmaster and extend his service for one year with effect from August 1, 1982. In reply to the said letter, the President of the school by his letter dated july 1. 1982 informed the respondent no. 1 that the period of his probation would expire on July 31, 1982. In that letter, nothing was said as to whether the respondent no. 1 was confirmed in the post or not. But, by his letter dated july 27, 1982, the President of the school informed the respondent no. 1 that his probationary period could not be extended and, accordingly, his superannuation would be on August 1, 1982,
(3.) BEING aggrieved by the said decision or order of the President of the school as contained in the said letter dated July 27, 1982, the respondent no. 1 filed the writ petition against the same. As stated already, the learned Judge set aside the impugned order dated July 27, 1982 and directed the respondents to the writ petition including the President of the school not to give any effect to the same and to act in accordance with law. Further, it was directed that the said order of the learned Judge would not prevent the respondents from taking any step that might be open to them under the law. Hence this appeal by the President cum- Secretary of the school.;