BODHISATTA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has approached this Court by filing the instant writ petition praying, inter alia, for issuance of a writ in the nature of mandamus for setting aside of the order of suspension dated 22nd January, 2014, issued by the Chairman, District Primary School Council, North 24-Parganas. The writ petitioner was appointed as a primary teacher of Mukundakati Free Primary School under Basirhat New Circle on 1st March, 2004. Being in custody for around 93 days in connection with Basirhat P.S. Case No. 144 of 2008 dated 11th March, 2008, under sections 498A/302/201/34 of the Indian Penal Code, he was placed under deemed suspension by the Chairman of the District Primary School Council, North 24-Parganas, with effect from the time he was taken into custody.

(2.) Initially, he moved this Court by filing a writ petition, being W.P. No. 419 (W) of 2009, challenging the order of suspension. This Court, by an order passed by Dipankar Datta, J., was pleased to direct the then Chairman of the Council to consider the petitioner's representation. Such representation of the petitioner was considered, but the prayer of the petitioner was rejected. The petitioner once again approached this Court by filing a writ petition, being W.P. 8832 (W) of 2010, again seeking revocation of the order of suspension as well as enhancement of subsistence allowance as per R.O.P.A. 2009. On 14th February, 2011, this Court rejected the prayer of the petitioner for revocation of the order of suspension but allowed enhancement of subsistence allowance as per ROPA 2009. Thereafter, the writ petitioner again approached this Court by filing a writ petition, being W.P. No. 1411 (W) of 2012, praying for revocation of the order of suspension. On 22nd February, 2012, this Court was pleased to reject the prayer of the petitioner. The petitioner subsequently made a prayer before the Council on 28th September, 2012 (through the Sub-Inspector of Schools, Basirhat New Circle) for allowing him to resume his duty as a primary school teacher. The Chairman of the District Primary School Council, North 24-Parganas, sympathetically allowed the petitioner to resume his duty as an assistant primary school teacher with the existing subsistence allowance on the basis of an order as contained under memo dated 6th November, 2012, issued by the Chairman, District Primary School Council, North 24-Parganas, addressed to the Sub-Inspector of Schools, Basirhat New Circle, District - North 24-Parganas. The petitioner accepted the said order of the Chairman of the Council without any demur or protest and started working as a primary school teacher drawing only subsistence allowance. After lapse of around thirteen months, he made a prayer before the authority concerned for payment of full salary, which was rejected by an order dated 15th March, 2013.

(3.) In the meanwhile, the petitioner had again approached this Court by filing a writ petition, being W.P. No. 14390 (W) of 2013, this time challenging the legality and validity of the said memo dated 6th November, 2012, issued by the Chairman, District Primary School Council, North 24-Parganas, addressed to the Sub-Inspector of Schools, Basirhat New Circle, District - North 24-Parganas, permitting the writ petitioner to join Mukundakati Free Primary School with his existing subsistence allowance. It was the specific case of the petitioner that having once been allowed to resume his duties, all entitlements ought to have been released in his favour. However, the concerned authority had chosen to give permission to the petitioner to withdraw only the subsistence allowance, which was impermissible in law. A report in the form of an affidavit was called for from the District Primary School Council, North 24-Parganas. Such report revealed that the petitioner had made a representation before the Chairman of the concerned Council on 28th September, 2012, which he had not disclosed in his writ petition, being W.P. No. 14390 (W) of 2013. After considering all aspect of the matter, this Court dismissed the said writ petition on 9th September, 2013, with the following observations: