Pratap Kr. Ray, J. - (1.) This writ application and the application for appropriate order both appeared in the Hearing List. By the order dated 13th August, 2004, the Court on hearing the Matter at length framed the following questions for necessary consideration and to that effect opportunities were given to all the parties to advance their argument. The questions: "Whether the West Bengal Board of Secondary Education while issuing the order of recognition of a school has to power, jurisdiction and authority under the statute i.e. West Bengal Board of Secondary Education Act, 1963, to impose a condition/direction upon/to the School Authority to pay the salary of the teaching and non-teaching staff at per with the salaries available to the other teaching and non-teaching staff working in the Government aided schools of the State of West Bengal" and "Whether the payments of salary to the staff is the discretion of the employer or not or in other way whether an employee can dictate the payment to the employer". Further question was framed, namely, "Whether in adversary system of adjudication of the matter, the Court can consider any new question for rendering effective justice, particularly when money would be paid from the public exchequer."
(2.) The writ application originally was filed by the writ petitioners being total eight (8) in numbers, who were the employees of Mining & Allied Machinery Corporation Limited, a Government of India Enterprise under the department of Ministry of Heavy Industries and registered under Section 617 of the Companies Act, 1956, which now in liquidation in view of the decision on 20th January, 2001 being duly referred to the BIFR under the Seek Industrial Companies (Special Provision) Act, 1986, being posted in the different posts of Assistant Teachers of the school named and styled as Durgapur MAMC Girls' High School, Durgapur, respondent No. 4 herein. The following prayer was made in the writ application:- "(a) A Writ or in the nature of mandamus be issued commanding the Respondents and/or their agents or servants to fix the salary scale of Your Petitioners at par with what has been prescribed by the West Bengal Board of Secondary Education. (b) A writ of or in the nature of mandamus be issued commanding the Respondents and/or their agents or servants to give retrospective effect from the date of recognition of the said school, to the salary scales together with interest as is prayed for under Prayer (a) above. (c) A Writ of certiorari be issued directing the Respondents to produce all the relevant records. (d) An order of injunction be issued commanding the Respondents not to fix the salary scale at a higher grade of any other teachers of the said School without so fixing the salary scale of Your Petitioners. (e) Ad interim orders in terms of Prayer (d) above. (f) Costs; (g) Any further orders as Your Lordships may deem fit and proper." Subsequently after filing of the writ application in the year 2004, an application for addition of parties was filed by the writ petitioners praying necessary leave to implead the Union of India, service through the Secretary to the Government of India, Department of Heavy Industries, Udyog Bhavan, New Delhi-110 011, as a party respondent No. 6 and official liquidator having his office at 9, Old Post Office Street, 5th Floor, Calcutta- 700 001, as a party respondent No. 7, in the writ application. Such prayer was allowed and they were made parties vide Courts order dated 13th February, 2004. Prior to that the Chairman cum Managing Director, Mining & Allied Machinery Corporation Limited also was made party, in terms of the leave granted by the Court on 7th April, 2004, as respondent No. 5A. The company Mining & Allied Machinery Corporation Limited was already a party in the proceeding being respondent No. 5. Application for appropriate order being CAN 541 of 2004 also was filed being duly affirmed on 20th January, 2004. An application for appropriate order affirmed on 3rd March, 2004 was filed by Junior Technical Assistant in the office of the official liquidator praying to this effect that until and unless the Supreme Court of India decides the pending appeal assailing the appointment of official liquidator is finally disposed of, the official liquidator could not be heard though he was made as a party in this proceeding by the Courts order passed on 13th February, 2004. Application for appropriate order being CAN 541 of 2004 was filed by the writ petitioners praying early hearing of the writ application annexing a judgment passed by Samaresh Banerjea, J. (as His Lordship then was) in W.P. 11996 (W) of 1998 to contend that since the said judgment, which was affirmed by the Division Bench (Coram : A.K. Mathur, C.J. and Girish Chandra Gupta, J.) in MAT 4342 of 1999, the issue about availability of revised pay scale at par other teaching and non-teaching staff of Government Aided Schools, in respect of the writ petitioners therein, who were the teaching and non-teaching staff of Durgapur MAMC High School, this writ application also could be decided applying the said judgment.
(3.) An affidavit-in-opposition was filed by respondent No. 5, the Company, now in liquidation, being affirmed by Chairman cum Managing Director one Sri Arindam Mukherjee on 27th July, 2004 opposing the prayer of the writ application. A reply of such also was filed by the writ petitioners.;