SOURYENDRA NATH SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this writ petition the petitioner has prayed for a writ in the nature of Mandamus commanding the respondents to quash the entire proceeding leading to the termination of service of the petitioner and to reinstate him to the post he held and to release the arrear salaries with interest and for other reliefs.

(2.) ACCORDING to the petitioner he was appointed as a whole time teacher in Maheshtala College when the department of Journalism and Mass Communication was opened in the said college. At the time of appointment his salary was Rs. 4,000/ per month. In spite of his discharging satisfactory duties the Principal of the college without assigning any reason had reduced his salary. But because of the compulsion of livelihood he had to accept the same at the reduced rate.

(3.) THE respondents nos. 4 and 5, i.e., the Board and the President of the Governing Body have filed an affidavit inopposition denying the allegations made by the petitioner. They had denied that the letter dated June 10, 2003 was a letter of appointment but it was an offer letter for appointment subject to issue of appointment letter. It has been asserted that the petitioner was never paid any salary but an honorarium. The allegation of deduction of salary is false and his consolidated honorarium was fixed at Rs. 2,000/ per month. The answering respondents had referred to a letter dated February 27, 2006 written by the petitioner to the Principal of the college. According to them this was done with a purpose of filing the present application. The respondents have further denied that the service of the petitioner has not been terminated and no question for that arises since he was not a permanent Lecturer of the college. The appointment letter will clearly show that the petitioner was appointed as a Parttime Lecturer at a consolidated honorarium of Rs. 2,000/ per month. The fact remains that in the meeting of the Governing Body held on March 20, 2006 the President of the Governing Body placed a letter which was duly recorded in the Minutes of the Governing Body. Since his academic and other assignments as a Guest Lecturer has been withdrawn there is no question of reinstating him. Therefore, giving of any opportunity to the petitioner does not arise. They have prayed for the dismissal of the petition.