G.N.Ray, J. - (1.) This appeal is directed against order, dated September 8, 1986 passed by the learned Trial Judge dismissing the writ petition made by the appellant before this Court in C. O. No. 11203(W) of 1986. It appears that the appellant was appointed as a teacher in a temporary capacity in Moutorah M. S. High School in the District of Purulia with the approval of the District Inspector of Schools (S.E.), Purulia. While he had been continuing as a temporary teacher in the said school, his service was terminated by the then Managing Committee of the said school and against such termination of his service, the appellant preferred an appeal before the Appeal Committee of the West Bengal Board of Secondary Education. After hearing the appellant and also the Managing Committee of the said school, the Appeal Committee of the Board of Secondary Education was of the view that without giving reasonable opportunities to the teacher to defend him the said order of termination was passed improperly. In the mean time, however, the said appellant had left the services of the said school and joined another school. Accordingly, the Appeal Committee was of the view that there was no occasion to pass an order of re-instatement of the said appellant in the said appeal. The Appeal Committee, therefore, directed for payment of the salary from the date of termination of the service till the date he had left the service of the school and joined the other school. Despite the aforesaid order passed by the Appeal Committee, the appellant did not receive the salary for the period in question and a writ petition was moved before this Court earlier. The said writ petition was disposed of by directing the District Inspector of School (S.K.) to consider the case of the teacher but as no favourable decision had been taken in favour of the appellant for giving the salary for the period in question, the subsequent writ petition was moved which, as aforesaid, was dismissed in limine by the learned Trial Judge on September, 3, 1986 and the instant appeal has been preferred.
(2.) Mr. A. N. Banerjee, learned Counsel for the State Respondents has submitted that unfortunately before Appeal Committee of the Board of Secondary Education, the State Respondents did not get any opportunity to place their cases but since there is no provision, for such contest by the State Respondents, he cannot make any objection in that regard. He has further submitted that in the case of order of dismissal or order of discharge of a teacher the Appeal Committee in appropriate cases may allow the appeal and make an order directing re-instatement of the appellant with or without such relief as may be found consequential to such re-instatement if it is of the option that such re-instatement is appropriate and proper. He has submitted that in the instant case, no order of re-instatement had been passed by the Appeal Committee simply for the reason that the appellant had during the pendency of the appeal joined the other school. In the aforesaid circumstances, there was no occasion for the Appeal Committee to direct for payment of the salary for the period when the order of discharge was passed and the period when he joined the other school. He has, therefore, submitted that the State Respondents, should be directed to pay the salary of the teacher for the said period but Mr. Banerjee, learned Counsel for the State Respondents made it clear that the Managing Committee being bound by the order of the Appeal Committee and not having challenged the order of the Appeal Committee was under an obligation to make such payment out of the funds of the school without however making any obligation for the State to make such payment to the teacher.
(3.) In our view, the said contention should not be accepted. In the facts of the ease it appears to us that the order of the Appeal Court only means that the teacher was entitled to be reinstated and as such must be deemed to be in service from the date of termination of service up to the period when he joined the other school, and if the said order is interpreted in this manner there will be no conflict with the provisions of Section 9(b) (i) of the appeal Regulations of the West Bengal Board of Secondary Education. It appears to us that such interpretation of the order is only reasonable and consonant to justice and the beneficial provisions of the Rules should not be construed in the manner to defeat the purpose of the application in question. In the aforesaid circumstances, it is directed that the District Inspector of Schools (S.E.) concerned should release the salary of the appellant for the period from 21.3.1078 to 11.2.1081. Let such payment of salary be made to the appellant within two months from the date hereof.;