MANAGING COMMITTEE OF LAKSHI AVINABA VIDYALAYA Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-10-32
HIGH COURT OF CALCUTTA
Decided on October 14,1996

Managing Committee Of Lakshi Avinaba Vidyalaya Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

S.B. Sinha, J. - (1.)This appeal is directed against a judgment and order dated April 22, 1996 passed by a learned single Judge of this Court in C.O. No. 201 (W) of 1994 whereby and whereunder the Appellant as well as the District Inspector of Schools (S.E.) had been directed to pay the arrears salary to the writ Petitioner/ Respondent No. 1. The learned Judge further directed that the Headmaster/Secretary be restrained from releasing any salary for the month of April, 1996 to the Headmaster until the salary for the month of March, 1996 is released to the Petitioner.
(2.)The fact of the matter keeping in view the short question involved in this appeal is as follows:
The Petitioner had filed a writ application, inter alia, contending that he was not permitted to resume his duties. The said writ application was allowed. As despite the same, the Respondent thereof was not allowing the Petitioner to perform his duties, a contempt application was filed and in the said contempt proceeding a direction was issued that the writ Petitioner would be provided with Police protection to attend the school. According to the Appellant with the police assistance the Petitioner had joined his duties for 5 days only. It has been contended that the learned single Judge while disposing of the writ application, inter alia, held that the writ Petitioner was not interested to join the school. It is, however, held that the writ Petitioner has joined his duties on and from March 15, 1996.

(3.)On the other hand, the case of the Petitioner is that as he was witness in a Criminal Case against the Headmaster/President of the school he was prevented from resuming his duties. The Petitioner in this case has relied upon a Circular letter issued by the West Bengal Board of Secondary Education to the effect that in the event a teacher is prevented forcibly, he would be entitled to the salary in terms of the said Circular.
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