SRIMANTA KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners who are five in numbers, three of whom are working in different Schools situate in the District of North 24-Parganas, have filed the writ application praying for the following reliefs :-

(2.) Before adverting to the questions involved in this writ application it is necessary to consider the background of the case. The State of West Bengal enacted West Bengal (Rural) Primary Education Act, 1930 (hereinafter referred to as 1930 Act), which came into force with effect from 22nd January 1931 with a view to provide for an extension of Primary Education in rural areas in Bengal. The said Act had no application in relation to the town of Calcutta and any area where a Municipality under the provision of Bengal Municipality Act, 1932 would be constituted. In respect of the areas which were not covered by 1930 Act, the State enacted West Bengal Urban Primary Education Act. The scheme laid down under the 1930 Act was required to be implemented by the District School Board, a body corporate constituted thereunder. Under the scheme, elementary education had been divided into two categories, viz. education imparted through the Schools managed by the private bodies and the schools established and/or managed under private management. The Primar Schools under 1930 Act are those Schools or departments of the school which had been giving instruction in Primary Education in such subject and upto such standard as may be prescribed, either managed by the Board or recognised as a Primary School in terms of section 54 thereof. In terms of the power conferred upon it under section 66 of the said Act the State Government framed rules for carrying out the purposes of the said Act. The Rules so framed, inter alia, provided for the conditions of appointment of teachers in Primary Schools maintained by the District School Board as also to provide for the conditions of appointment, fixation of payment of salaries referred to in Clause (g) of sub-section (2) of section 66 of the said Act. The said Rules came into force with effect from 25.7.1940 which was substituted, added and amended or new rule was inserted therein from time to time (hereinafter referred to as the said rules).

(3.) The age of retirement of the teaching staff of the Schools under public management was 60 years. However, in terms of the notification dated 31.7.1965 Rule 4(A) was inserted for the purpose of grant of extension of service, which reads thus :-