APURBA KANTI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners were initially issued appointment letters on 13th March, 1997, by the Chairman of Bolpur Municipality (hereinafter referred to as the Municipality), appointing them as assistant teachers of Adhar Chandra J.B. School, Bolpur, on an ad hoc basis with a consolidated salary of Rs. 250/- (Rupees two hundred and fifty only) per month. In the appointment letters it was stated that they would be absorbed in due course. An instruction was also given to the writ petitioners to sign additional attendance register before the Chairman of the Municipality. Subsequently, after rendering more than two and half years of service in the said school, the writ petitioners were permanently absorbed by the Municipality, with effect from 14th October, 1999, with same pay and allowances as that of the Governments pay scale for a primary school teacher in the State.

(2.) The writ petitioners were asked to submit their joining reports through the Head- Teacher of the school. Thereafter, on 12th November, 1999, when the writ petitioners went to the school and reported to the Head-Teacher along with their joining letters, the Head-Teacher refused to allow the writ petitioners from joining, citing a letter of the Chairman, Ad hoc Committee, Birbhum District Primary School Council (hereinafter referred to as the Council), dated 29th October, 1999. It is this refusal, which prompted the writ petitioners to approach this Court by stating, inter alia, that since they were initially allowed to join the school on an ad hoc basis and were subsequently absorbed by way of regularization of their service by the Municipality, the purported action of the Head-Teacher of the concerned school as well as that of the Council was not only illegal, but was an unauthorized interference into the livelihood of the writ petitioners and was also a mala fide one.

(3.) According to the learned senior counsel appearing on behalf of the writ petitioners, prior to 1973, primary education in West Bengal was being imparted according to the provisions of District School Board Act, 1930. Primary schools were also set up by various Municipalities, Corporations and other Institutions. Within the jurisdiction of the Bolpur Municipality, primary schools were established by the Municipality from its own funds, which were generally received by way of donation especially for such purpose in kind, such as gifts of land and building and other infrastructure and also in cash, for establishment of primary schools owned by the Municipality. The schools were recognized by the District School Board and later on by the respective District Primary Schools under the Primary Education Act, 1973, until they were transferred to the Primary School Council established for the District in accordance with the provisions of sections 64, 65 and 66 of the West Bengal Primary Education Act, 1973. The Bolpur Municipality owned and had under its control eight such primary schools, including the concerned school, namely, Adhar Chandra J.B. School. The school building and its surrounding area, owned by the Bolpur Municipality, were of very high value. The appointment of teachers and staff of the primary schools owned and controlled by the Bolpur Municipality were made by the Municipality. According to the learned senior counsel for the writ petitioners, a notification was issued by the State Government dated 15th April, 1992, whereby the State Government allegedly transferred all primary schools within a Municipality, including the eight schools under the control of Bolpur Municipality. He submits that the Bolpur Municipality did not accept the said notification transferring the eight schools. Accordingly, the Municipality followed the procedure for appointment of teachers through an appointing authority of the Municipality, as before. Referring to paragraph 4 of the writ petition, he submits that in the year 1996, the Board of Councillors of Bolpur Municipality, in its meeting dated 12th December, 1996, discussed the issue relating to shortage of teaching staff in different primary schools and it was resolved in that meeting that some primary school teachers were required to be recruited and accordingly the Chairman of the Municipality was authorized to take steps for recruiting primary teachers under its control. He submits that it was on the basis of such resolution that the writ petitioners were given ad hoc appointments as assistant primary school teachers. It has been further contended that right from the time the writ petitioners were appointed as ad hoc teachers, i.e., on 13th March, 1997, till they approached the Head-Teacher of the school with their joining letters, upon regularization of their service on the basis of the office orders issued by the Chairman of the Municipality on 14th October, 1999, they were attending the school for more than two and half years continuously and even after 12th November, 1999, being the date when they were refused by the Head-Teacher to submit their joining reports, their services were never terminated at any stage by the school nor were they allowed to work or receive any emoluments. The learned senior counsel for the writ petitioners submits that in the meanwhile, the Municipality filed a writ petition before this Court in the year 1997, challenging the authority of the Bolpur District Primary School Council, as stated in the notification dated 15th April, 1992, under section 66 of the West Bengal Primary Education Act, 1973, as well as the consequential notification/order passed by the authority on 12th June, 1997. He submits that by a judgment and order dated 08th February, 2001, a learned Single Judge of this Court quashed the notification dated 15th April, 1992, as well as the consequential notification/order dated 12th June, 1997. He further submits that consequent to the said judgment and order rendered in the case of The Chairman, Bolpur Municipal Corporation and other vs- The Chairman, Ad hoc Committee, Bolpur District Primary School Council and others reported in A.I.R. 2001 Cal 68, the concerned authority never issued any notification afresh by proper exercise of power under the West Bengal Primary Education Act, 1973, upon following due process of law, as prescribed under the statute.