- (1.) THIS appeal is from the judgment and order of Mitra, J. dated 26 July 1966, discharging the Rule obtained by the appellants.
(2.) THE appellants obtained this Rule requiring the respondents to show cause why a writ in the nature of Mandamus should not issue directing the respondents to forbear from giving effect to the order releasing the appellants from their services of the Board and for some other reliefs.
(3.) THE appellants allege that they were in the service of the Board of secondary Education under the West bengal Secondary Education Act, 1950. When the West Bengal Secondary education Act, 1963 came into existence, the appellants were, under the provisions contained in section 46 (2) (c)thereof to continue in the service of the Board. The West Bengal Board of secondary Education Act, 1963 came into existence on I January 1964. On 1 January 1964 there was an order issued by the West Bengal Board of Secondary Education that the officers and the staff of the Board would continue to work in the existing posts until further orders. On 19 March 1965 there was an order issued by the Secretary by the order of the President of the said Board that the State Government had consented to proivde the appellants by giving appointments in the Food and Supplies Department, Directorate of rationing and the appellants were released from the services in order to enable them to join their respective posts within the expiry of seven days from the date of the issue of the said order. The order further said that in case the appellants did not join their respective posts offered by the Government, there would be no further liability to make any provision for the appellants under section 46 (2) (c) of the West Bengal board of Secondary Education Act, 1963.;