- (1.) 1. The appellant was the headmaster of Anandapur Higher Secondary School, Keshpur in the, District of Midnapore (West). He had difference of opinion with the then Managing Committee which gave rise to an internal feud in the school and the dispute continues till date. He was prevented from discharging his function as headmaster. He was then reinstated by the Board upon an enquiry being conducted in that regard. He was instrumental in supersession of the Managing Committee as he produced records before the Board showing mismanagement on the part of the Managing Committee. The Managing Committee filed a writ petition, which was disposed of by judgment and order dated December 5, 1980. The appellant was, however, not paid his arrear salary. He filed a writ petitioner being C.O. 4488 (W) of 1983. The learned Single Judge allowed the said writ petitioner by judgment and order dated October 24, 1985 appearing at pages 298-325 of the paper book. State preferred an appeal. The Division Bench set aside the order of the learned Single Judge and remanded the matter back to the learned Single Judge for being heard afresh. The writ petition was again heard and disposed of by the learned Single Judge by judgment and order dated May 14, 1992 whereby the writ petition was allowed. State filed further appeal, which was, however, dismissed by the Division Bench. The writ petition being C.O. 5588 (W) of 1983 was heard by the learned Single Judge on November 20, 1998 when His Lordship passed the order as quoted below:- "Although substantial amount of the dues of the petitioner had been paid to him, there is still some dispute with regard to a sum of Rs. 5,356/- which, the petitioner claims, is still due and payable to him. Since the order Out of which the contempt application has arisen, has been substantially complied with, no further purpose will be served in continuing with the contempt proceedings and the same are, accordingly, dropped. However, the District Inspector of School (SE), Midnapore is directed to look into the petitioner's grievance regarding the petitioner's claim in respect of the aforesaid sum, after giving the petitioner, an opportunity of hearing"
(2.) On perusal of the order quoted (supra) it would appear that all controversy, with regard to his arrear payment, stood resolve is on that date barring a claim for Rs. 5356/-. The learned Single Judge, however, asked the District Inspector of Schools to examine such claim after giving hearing to the appellant. It is pertinent to note, in between he had retired from service in 1985.
(3.) On perusal of the record it appears that the said amount of Rs. 5356/- has already been paid to the appellant. Hence, considering the order dated November 20, 1998 the appellant did not have any claim as against the state.;