- (1.) This appeal raises a question as to whether in the facts and circumstances of this case the principles of res judicata would apply as against the petitioner.
(2.) The petitioner moved the writ application with the following prayers :- "(a) A writ/order in the nature of Mandamus commanding the respondents, their agents, servants and/or employees not to proceed further in withholding the salaries of the petitioner since December, 1960 till to-date as an Assistant Teacher of Monosha Pukar Bansra Free Primary School under Ghutiyari Sharrif Circles, District 24 Parganas (S) and further direct them to pay his arrear salaries month by month to the petitioner without any slightest delay. (b) A Writ/Order in the nature of Certiorari commanding the respondents to reduce (produce ) the entire original records relating to the services of the petitioner and all relevant connected records of the District School Board, 24 Parganas (South) and all other relevant papers as to payment of salaries up to November, 1963 and thereafter all other papers as to non-payment of salaries to the petitioner upto date for proper adjudication of real point at issue and on such production being made administer/render conscionable justice by commanding the respondents to pay all the arrear salaries and as well as regular salaries month by month to the petitioner. (c) A writ/order in the nature of Prohibition prohibiting the respondents from exercising powers not warranted under the statute."
(3.) The petitioner was appointed in Himchi Free Primary School. Thereafter, he has been transferred to Ghutiyari F.P. School. After several transfers he was ultimately posted to Mansapukur Bansra F.P. School. Allegedly, the head teacher of Mansapukur Bansra F.P. School asked the petitioner to produce transfer order to regularise his claim transferring him from Kalidanga F.P. School to Mansapukur Bansra F.P. School but he failed to produce any such document. He filed a Money Suit being No. 9 of 1964 in the 2nd Court of Munsif at Baripur for recovery of arrear of pay amounting to Rs. 2,164.64 only for the period from November, 1960 to November 1963 from the then District School Board, 24-Parganas (South). The said Money Suit was dismissed but an appeal preferred thereagainst was allowed and the matter was remitted back to the learned Munsif. The suit was thereafter decreed. An appeal was preferred thereagainst by the District School Board which was registered as Money Appeal No. 70/68. The said Appeal was dismissed.;