THE MANAGING COMMITTEE, MULTI PEARY SREEMANTA INSTITUTION (H.S.) AND ANOTHER Vs. THE STATE OF WEST BENGAL AND OTHERS

JUDGEMENT

(1.) Let affidavit-of-service be kept on record.

(2.) This writ application is filed by the Managing Committee, Multi Peary Sreemanta Institution (H.S.), District-South 24-Parganas and its Secretary assailing an order passed by the respondent No.3 under his Memo No.503/1(5)LS dated July 4, 2013. The above order was passed in compliance of an order dated Oct. 18, 2012 in the matter of Smt. Champakali Bag @ Kamar Vs. The State of West Bengal & Ors. (In Re: W.P. No.16064 (W) of 2012). By virtue of the impugned order, the petitioner No.1 Managing Committee was directed to allow the respondent No.5 to discharge the function of teacher-in-charge of the school under reference till appointment of the Headmaster after relinquishing the responsibility of the above post by one Sri Kalipada Ghosh (an Assistant Teacher of the above school). The District Inspector of Schools (SE), South 24-Parganas was directed to ensure compliance of the above order and to send a report and in default on the part of the petitioner No.1-Managing Committee to send a report to him.

(3.) The fact of this case in a nutshell is recorded below: The Headmaster of the school under reference retired from the post with effect from July 30, 2012 on attaining the age of retirement on superannuation. By a resolution dated June 15, 2012 adopted in the meeting of the Managing Committee of the above school one Sri Kalipada Ghosh, an Assistant Teacher of the school, was directed to discharge the function of teacher-in-charge of the above school.