SHIB SANKAR GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard learned Advocates appearing for the parties.

(2.) In the instant case, it is the grievance of the petitioner, Headmaster of a Government sponsored primary school that he has been illegally discharged from service by the District Inspector of Schools (P.E), Howrah. The petitioner has taken a specific point in this writ application that initially the petitioner was appointed in the post of Headmaster by Refugee Relief & Rehabilitation Department, Government of West Bengal on specification of the terms and conditions of service whereby the said Department got the jurisdiction to dismiss or discharge the petitioner on the ground of misconduct, if any. Due to the formation of East Pakistan and influx of vast number of uprooted families from East Pakistan after partition, Refugee Relief & Rehabilitation Department of the Government of West Bengal had set up different primary schools in the private colonies and/or squatters' colonies set up by these refugees to provide education to the students as the Government felt that the District School Board under whose authority and jurisdiction the responsibility was vested to set up primary schools was not capable of managing such emergent situation due to influx of vast number of refugees from East Pakistan. But subsequently when the problem was settled down by rehabilitation of the refugees from East Pakistan, the Government thought to transfer those schools including its management and control to the District School Board to follow the Bengal (Rural) Primary Education Act, 1930 and the Rules thereto. On that basis and with that idea, Memo No. 12327-E & T Calcutta, the 9th August, 1957 was issued by the Refugee Relief & Rehabilitation Department, Government of West Bengal transferring the control and management of the schools as well as staff of the concerned schools to the District School Board. A specific provision has been made in the circular letter that" on status quo basis" such transfer is to be made and a specific condition has been imposed prescribing, inter alia, the authority to discharge, dismiss as well as appellate authority to.........against such order and conditions of payment of salary, allowance and service benefits etc. The circular letter being very relevant for adjudication of this case is quoted in extenso hereinbelow :-

(3.) From the aforesaid circular letter it is clear that under clause 2(b) which was the condition for such transfer of service of the teaching staff of the primary schools, service conditions of the teachers as were existing prior to such transfer in the Refugee Relief & Rehabilitation Department were kept in tact directing payment accordingly. Under clause 2(0, it appears that the disciplinary jurisdiction though was retained by the Refugee Relief & Rehabilitation Department, but concurrent jurisdiction was vested to the District School Board under clause 2(f) it appears that appellate authority was prescribed by naming the Deputy Refugee Rehabilitation Commissioner or Chief Inspector, Primary Education or any Education Officer as delegatee. From the circular letter accordingly it appears that on status quo basis, the petitioner, an appointee by the said Refugee Relief & Rehabilitation Department became staff under District School Board upon having protection of his service conditions by the circular letter dated 9.8.57. At the relevant time, when the service of the petitioner was transferred protecting the petitioner's right for initiation of disciplinary proceedings under clause 2(f) of the said circular letter, there was an identical rule, being Rule 12 issued under notification No. 1493 Edn. dated 25.7.40, being the rule prescribed by the authority under Sections 66(1) and 66(2) (p) of Bengal (Rural) Primary Education Act, 1930 providing authority to dismiss, discharge any staff of the Board Relevant Rule 12 reads thus : "12. No teacher shall be punished, dismissed, discharged, rewarded or promoted by the Board without a previous report on his or her work from the District Inspector of Schools or the Female Inspecting Officer-in-Charge of the area within which the primary school is situated, as the case may be."