BAIDYANATH BOSE Vs. SUDHA ROY

JUDGEMENT

(1.) This is a Second Appeal by the members of the Managing Committee of the Girls School called Basanta Kumari Balika Vidyapith of Chakdah. The dispute is between the acting. Head Mistress Sm. Sudha Roy who was the Plaintiff and the other members of the Managing Committee who were the Defendants. The suit as framed has many peculiar features. The Plaintiff brought the suit for a declaration that she was Still a teacher of the school, for a declaration that order of dismissal was ultra vires, illegal and void and for an injunction restraining the principal Defendants or in the alternative, the Managing Committee, from interfering with the Plaintiff's right and duties as a teacher.

(2.) The Plaintiff is a permanent teacher of the School. She was appointed on or about June 18, 1951 and had put in, more than 10 years of service, in the School. Some time in, July, 1953, she was appointed Assistant Head Mistress. Thereafter, I am told by the learned advocate for the Managing Committee of the School, that she was appointed an acting Head Mistress in August, 1962.

(3.) It is her case that she was dismissed by a letter of termination of her service, which is described also as a notice of the termination dated January 22, 1962. By this notice of termination she was asked to hand over charge from January 24, 1962. This notice of termination of her service also offered her three months pay in lieu of notice. By Circular No. 43/Oct/53 dated October 1, 1953 on the subject of resignation by, or termination of service of, a teacher of the Board of Secondary Education, West Bengal, it was provided, inter alia, as follows: