- (1.) The petitioner has challenged the suspension order from the post of Assistant Teacher in Saifee Gonden Jubilee English Public School, Kolkata with effect from 04.9. 2013 followed by a showcause notice culminating in dismissal of the petitioner from the said post on 06.8.2014. Chronological events leading to the instant application is that the writ petitioner's initial appointment on probation as a Commerce Teacher in XI and XII Classes under CISC (Council for the Indian School Certificate Examination) on 13.02.1995 in Saifee Golden Jubilee English Public School, Kolkata (hereinafter referred to as the said School) ultimately culminated in the confirmation of the service of the petitioner as a permanent teacher in Accounts and Commerce subjects in the said School on 30.04.1997.
(2.) The petitioner left no stone unturned to impart education to students with utmost devotion and dedication drawing appreciation from many a corner and elevating himself to be an examiner in ISC (Indian School Certificate Examination), Examination, 2009, Examination for centralized marking of script of ISC 2010 and 2011. The said School is recognized dually by the West Bengal Board of Secondary Education up to Class X level only and the Classes X, are also affiliated to the Council for Indian School Certificate Examination and Classes XI and XII are only affiliated to the Council for Indian School Examination, with due recognition of the Education Department, Government of West Bengal as a listed School under the Code of Anglo Indian Education vide Memo No. S/611 dated 08.12.1978 and Memo No. 666-Edn(S)/35-39/77 dated 04/-6.09.1980 issued by the Secretary, West Bengal Board of Secondary Education and Deputy Secretary, Education Department, Government of West Bengal and that in tripartite agreements dated 20.8.1986 and 07.07.1987 it was held that the management of the said School will follow the service conditions as prescribed by WBBSE applicable to the teachers governed by WBBSE Act.
(3.) The petitioner asked the School Authority as to why his provident fund was not deducted and deposited from the date of his appointment in the said School on 13.02.1995 instead of his date of confirmation on 30.04.1997 and as he insisted of his date of confirmation on 30.04.1997 and as he insisted on the School Authority on deducting enhanced Employees' Contribution to provident fund admissible as per law and pointed out their unjust and illegal way of running the School, issuing unlawful notices, charging exorbitant fees from the students of minority community etc., the authority of the said School without amending their wrongs turned hostile against the petitioner so much so that on 04.09.2013 at their instigation the petitioner was assaulted and threatened with dire consequences by a student of the School namely Ajmal Farid Ismail and his outsider associates at a bye lane close to the School premises succumbing the petitioner to serious injuries for which the petitioner rushed to Calcutta Medical College and Hospital for treatment and lodged a complaint before Park Street Police Station which game rise to GR No. 4268/13 now being pending in the Court of learned 9th Metropolitan Magistrate Court at Kolkata. The petitioner received a purported order of suspension against the petitioner suspending the petitioner from the service of Assistant Teacher in that School with effect from 05.09.2013 and against the said order of suspension the petitioner preferred an appeal before the Appellate Authority of the West Bengal Board and the Appellate Authority held that the order of suspension has no force at all for not being approved by the Board and by its order dated 10.04.2014 directed the respondent School authority to withdraw the order of suspension and to reinstate the petitioner immediately.;