NARAYANA SCHOOL, BARASAT Vs. ANISUR RAHMAN

JUDGEMENT

(1.) The present appeal arises from an order dtd. 26/11/2021 passed by the Single Bench in WPA 9402 of 2020 negetivating the claim of the appellant that the writ petition is not maintainable as the enforceability is sought to the private contracts and further directions were passed for production of the documents and refusal to extend the time for filing the affidavits.

(2.) The writ petition was filed by the respondent No.1 against the Central Board of Secondary Education as well as the appellants assailing the action of the appellants for reduction of the salary to the extent of 40 per cent and the complete stoppage of the payment of salary since July, 2020 without any Rules to have been followed.

(3.) The respondent No.1 herein was appointed to the post of English teacher in Narayana School, Barasat, the appellant No.1 herein, with effect from March 07, 2017. The employment contract was handed over to the respondent No.1 and was duly executed though it is stated that it contains certain blank informations therein. Subsequently, grievance was raised over the poor pay structure of the teachers and the lack of basic securities relating to their service. Several representations were made by the teachers of the said school but ultimately, the said appellant No.1 unilaterally reduced the salary to the extent of 40 per cent without prior notice or a consent taken from a respective teacher. The representations were made when the said appellant No.1 decided to stop the salary of the respondent No.1 and thereafter, the writ petition was filed alleging that the appellant No.1 being the affiliated school with the Central Board of Secondary Education discharges the public functions and are bound by the bye-laws of affiliation which is a statutory document.