BAIDYANATH BOSE Vs. SUDHA ROY

JUDGEMENT

(1.) THIS is a Second Appeal by the members of the Managing Committee of the Girls' School called Basanta kumari Balika Vidyapith of Chakdah. The dispute is between the acting headmistress Sm. Sudha Roy who was the plaintiff and the other members of the Managing Committee who were the defendants. The suit as framed has many peculiar features. The plaintiff brought the suit for a declaration that she was still a teacher of the school, for a declaration that the order of dismissal was ultravires, illegal and void and for an injunction restraining the principal defendants, or in the alternative, the Managing Committee from interfering with the plaintiff's right and duties as a teacher.

(2.) THE plaintiff is a permanent teacher of the school. She was appointed on or about 18th June, 1951 and had put in more than 10 years of service in this school. Sometime in July, 1953 she was appointed Assistant headmistress. Thereafter I am told by the learned advocate for the Managing committee of the School that she was appointed acting Headmistress in august, 1962. (?)

(3.) IT is her case that she was dismissed by a letter of termination of her service which is described also as a notice of the termination dated the 22nd January, 1962. By this notice of her termination, she was asked to hand over charge from the 24th January, 1962. This notice of termination of her service also offered her three months' pay in lieu of notice. By Circular No. 431 Oct. 153 dated the 1st October, 1953 on the subject of resignation by or termination of service of a teacher, of the Board of Secondary Education, west Bengal, it was provided inter alia as follows : -