LAWS(CAL)-2018-12-131

INDRA MANI SHUKLA Vs. STATE OF WEST BENGAL

Decided On December 18, 2018
INDRA MANI SHUKLA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The writ petitioner being aggrieved by two letters dated Nov. 16, 2018 passed by Hony. Secretary, Gyan Bharati Vidyapith has filed the present writ petition. By the first impugned letter, the petitioner has been "rested on leave" from Nov. 17, 2018 until further orders with payment of full salary to be paid month by month in the interest of the Institution, students and education. The second letter dated Nov. 16, 2018 is with regard to the irregular and illegal payments made to the writ petitioner and seeks to reduce his scale of pay on various grounds.

(2.) It is to be noted that this is the second round of litigation before this Court. The school authorities and also the petitioner had filed two writ petitions and by a common order dated Nov. 9, 2017 the learned Single Judge had held that the order of the Ad hoc Committee was correct and legal and did not require any interference whatsoever. In furtherance to this order, the matter was assailed before the Division Bench of this High Court and by an order dated Oct. 11, 2018 the Division Bench upheld the learned Single Judge's order.

(3.) In effect, the order passed in the earlier round was that the suspension of the writ petitioner was held to be illegal and without any basis. Subsequent to the order passed by the Division Bench, the petitioner informed the authorities and requested that he be allowed to join the school. However, by the two impugned letters, the petitioner has been directed to be "rested on leave" and his pay scale has been put under challenge by the school authorities. It may be noted that the reason the suspension of the petitioner was held to be illegal by the Ad hoc Committee and thereafter by the High Court was that the Managing Committee of the school was not a sanctioned body and therefore did not have the powers under Rule 28 of the Management of Recognised Non-Government Institution (Aided and Unaided) Rules, 1969.