KRISHNA PADA GHOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) C.R. No. 2821-26(W)/81 are taken along with CR. No. 417-21(W)/79.

(2.) Similar points are involved in all the cases. By referring the writ petitioners filed by the respective parties it appears that they have common grievances as to the promotion to the post of Head Teacher of the respective schools. It appears that the petitioners prayed for issuance of a writ of Mandamus commanding the opposite parties to forbear from giving effect to the impugned Government order marked as Annexures "B", "C' and "D" respectively to the writ petition and direct the concerned respondents particularly the District School Board, Howrah to consider the applications of the petitioners for appointment of the Head Teacher and also for Head Teacher's allowance. It appears from the materials on record that the annexure "B" to the writ petition refers to the Government's order dated 16th February, 1977 as to the revision of qualification for the post of Head Teacher of Primary Schools passed under Memo No. 173-Edn(P) | 10P-3/76. Similarly annexure "C" refers to Memo No. 912-Edn(P) | 10R-3/76 dated 22nd August, 1977 and Annexure "D" refers to the Memo No. 986 Edn(P) | 10R-3/76 dated 12th May, 1978 which relates to the qualification for the post of Head Teachers in primary schools and right to obtain the allowances. It is stated in details that under Rule 2(a) of the Rules framed under the Bengal (Rural) Primary Education Act, 1930 the minimum qualification for the appointment of Head Teacher is School Final Pass (or equivalent) and training with five years' continuous service as a School teacher and the requirement of 5 years' continuous service could be relaxed With the approval of the Director of Public Instructions, West Bengal. It is stated that the aforesaid Rule was amended on October 22, 1971 and again it was amended on February 16, 1977 by directing pending amendment of the relevant Rules, the requisite qualification for the Head Teacher has been laid down. It is the grievance of the petitioners that pending amendment of the Rules in question the Government's order is otherwise contrary to and inconsistent with the statutory Rules. It is also the grievance of the petitioners that although they have secured the requisite qualification and fulfilled the conditions for the post of Head Teacher and to obtain the special pay and allowances they are deprived of the same in view of the alleged Government order and for the alleged preparation of panel by the respective Dstrict School Board.

(3.) Mr. Samanta appearing for the petitioners has strongly argued that the Government's order provides for the requisite qualification to become Head Teacher and Teacher of the School and to obtain necessary Special Pay and Allowance. Although the petitioners have fulfilled all the conditions as per Rule and as well as in terms of the Government Order they are being deprived of getting the order of posting and vis-a-vis special pay and allowance as admissible under the law.