DINABANDHU ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Mandamus Appeal is directed against an order dated 12th August, 2003 passed by the learned Single Judge of this Court in a contempt proceeding being W.P.C.R.C. No. 6308 (W) of 2003. While disposing of the said contempt application His Lordship recorded that the petitioner No. 61 therein had already been appointed as an organizer teacher in the primary school with the permission granted by the Director of School Education. Considering the fact that the recommendations which were given in favour of the petitioner Nos. 2 and 3 therein were kept pending before the Director of School Education (Primary Section), the Director of School Education (Primary Section) was directed to decide the recommendations made in favour of those two petitioners within seven days from the date of service of a copy of the said order upon him and the respondents were also directed to discharge their obligation in relation thereto on the basis of the action of the Director of School Education (Primary Section) in terms of the said order. Since the reliefs which the petitioners herein were seeking for their appointment as assistant teacher in the primary school being an organizer teacher, was not given to them by the concerned respondent in terms of the order passed by another learned Single Judge of this Court on 14th of January, 1998 in C.O. No. 9872 (W) of 1989, they moved a contempt petition which having been rejected by the learned Single Judge of this Court, this Mandamus Appeal is taken out before us. Let us now consider as to how far the learned Single Judge of this Court was justified in disposing of the said contempt proceeding in the manner as it was done in the instant case.

(2.) Admittedly the petitioners herein were not serving as organizer teachers in the primary school on the date when it was established. It is an admitted fact that they were appointed as assistant teachers in the said primary school subsequent to the establishment of the said school but prior to its recognition. They claimed their right to be considered for appointment as assistant teachers in the said school in the light of the Govt. order No. 1176-Edn. (P) dated 1st December, 1971. They claimed that the right of similarly placed organizer teachers, to be considered for appointment was recognized by the Division Bench of this Hon'ble Court in the case of West Bengal Board of Secondary Education v. State of West Bengal and Ors.,1997 1 CLJ 165. They further claimed that since while disposing of their writ petition being C.O. 9872 (W) of 1989 on 14th of January, 1998, Chairman, Jalpaiguri District Primary School Council was directed to consider the petitioners' claim for appointment in the light of the judgment CLJ 1997 (1) 165, the concerned authority ought to have considered their claim for appointment as assistant teachers in the primary school in the light of the said Division Bench judgment and since their claim was not considered by the Chairman, Jalpaiguri District Primary School Council in the light of the said decision of the Division Bench, the said respondent was liable to be punished under the Contempt of Courts Act for willful and deliberate disregard and/or violation of the said order passed by this Court. Thus they contended that the learned Single Judge of this Court was not justified by not punishing the alleged contemnor under the Contempt of Courts Act.

(3.) We have already mentioned above that the petitioners were all appointed as assistant teachers in the said school subsequent to its establishment but before it received recognition.