- (1.) The brief facts of the case are as follows: The petitioner is the Head Teacher of a recognized Primary School in the district of PaschimMedinipur. The petitioner has been appointed as full time teacher and he has been paid regular salary. Under the circumstances, the petitioner was subjected to sustained disruption of peace, lack of opportunity in a working environment and also being threatened at the behest of certain individuals concerning the Institution, it's accounts and assets. This incident has happened between 11.01.2014 and 24.01.2014.
(2.) The aggrieved petitioner made a representation to the Inspector of School of the concerned district in order to take necessary action and also safeguard the petitioner and the Institution, besides the petitioner lodged a complaint on 25.01.2014 before the Kharagpur Police Station and revealed the incident. The petitioner further submits that he has applied for a transfer, to the employer for transferring him to the present station. Accordingly, the petitioner has been transferred on 26.02.2014. As per the transfer order he has to be transferred to Debelpur Primary School in state of Southside Primary School. At the time of issuing the transfer order dated 11.03.2014 the General Assembly Election notification was enforced. The petitioner also submitted the audit and accounts for the period from 01.04.2012 to 31.03.2013 to the concerned Authority. Even though the concerned authority had not transferred him to his requested place, further as per the West Bengal Primary Education Rules, he applied for leave from 29.01.2014.
(3.) The petitioner further submits that the situation in and around the Primary School to where he had been transferred to Rakhalgeria Primary School, the said transfer is nothing but a political vendetta. Under the circumstances, the Sub Inspector of Schools had issued a memo dated 14.07.2014 thereby directing the petitioner to immediately join as a teacher of Rakhalgeria Primary School failing which you will be stopped from work besides salary will not be paid due to his long absence, which makes up the subject matter of this writ petition. The inaction of the Sub Inspector of Schools i.e. he had not released him from the present station, hence the order dated 14.07.2015 is unable to be complied with. The petitioner further submits that he has not been paid salary for the relevant period which is prejudicing the petitioner. Actually the lack of service on the side of the Sub Inspector of the said school who had not released the petitioner from his present station to the place of transfer. Hence the petitioner entreats the Court to set aside the impugned order/transfer order dated 14.07.2014.;