PULIN BEHARI GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was an Assistant Teacher of Chandanpiri M.M. High School, Police Station - Namkhana, District - South 24 Parganas (hereafter the school). The present petition was filed by him on 9.8.1999 alleging that he had not been allowed by the school authority to join upon reopening thereof after summer vacation with effect from 14.6.1999 and that he had not been paid salary since May, 1999.

(2.) The writ petition was moved on 30.11.1999. While directing exchange of affidavits and fixing the matter as "For Orders" on 13.1.2000, a learned Judge of this Court had directed the petitioner to join school and to receive salary. It was recorded that the school authority had no objection in relation thereto. Accordingly, the school authority was directed to pay salary of the petitioner as and when he joins service.

(3.) A contempt petition being CPAN No. 51 of 20000 was filed by the petitioner alleging that despite the order dated 30.11.1999, the school authority had not allowed him to join duty as Assistant Teacher. An order was passed on 24.6.2000 by the learned Judge directing the petitioner to attend school accompanied by the Officer-in-Charge, Namkhana Police Station. The said Officer-in-Charge was also directed to submit a report in respect of "allowing or not-allowing the teacher concerned in joining the School". Such order was passed by the Court despite recording of submission of the learned Counsel for the contemnors that the petitioner had not reported for duty and joined his service in the school and, therefore, there was no violation of the order passed in this respect. Be that as it may, the contempt application was directed to appear in the monthly list of May, 2000.