- (1.) This writ appeal is directed against the judgment and order dated 7th May, 2015 passed by a learned Judge of this Court whereby, W.P. 12507 (W) of 2014 presented by the first respondent (hereafter the 'writ petitioner'), was allowed with a direction upon the private respondents therein, who are the appellants before us, to release salary of 1132 days in favour of the writ petitioner and also to incorporate suitable entry in his service book, as directed by the District Inspector of Schools (SE), Birbhum, the fourth respondent (hereafter the 'DIoS'), in his order dated 12th February, 2014.
(2.) The writ petitioner had made an application before the DIoS on 1st April, 2013 claiming ameliorative relief in regard to alleged illegal actions of the Managing Committee, Satpalsa High School (hereafter the 'school') in deducting amounts from his due salary and forcing him to be "without pay" on days when he had availed of due leave. Since such representation was not considered, the first round of litigation was initiated by the writ petitioner before this Court by invoking its writ jurisdiction. It was disposed of by a learned Judge by an order dated 17th September, 2013 with a direction upon the DIoS to take a decision upon hearing the writ petitioner as well as the school. The DIoS arranged for a hearing on 19th December, 2013, which was attended by the writ petitioner as well as the teacher-in-charge of the school. The order of the DIoS reads as follows :- "It appears that (1) Total 1132 days salary of the petitioner deducted. But no Leave was sanctioned by the school authority and not forwarded to the West Bengal Board of Secondary Education for approval. (2) As per the statement of the petitioner he compelled to work Day and Night, whenever he stopped Night Duty, his salary was deducted. (3) His Service Book has not completed properly for this reason he will not get any pension. (4) In my opinion the statement of the petitioner is true. The District Inspector of Schools have nothing to do. So, the school authority is directed to make arrangement for payment of deducted salary of 1132 days within a month which is in their possession and to regularize his service book so as he can get pensionary benefit after retirement. The commissioner of school deduction is requested to direct the school authority for payment of deducted salary and regularize the service book within a month."
(3.) Upon receipt of the order of the DIoS dated 12th February, 2014, the teacher-in-charge of the school addressed a letter dated 24th April, 2014 to the Director of School Education, West Bengal, the third respondent. An objection was lodged in regard to the said order of the DIoS and necessary advice solicited to tackle the situation.;