NARENDRA KUMAR CHOUDHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner who was a teacher of Radha Krushna Jew High School has approached this Court as the Managing Committee of the school did not allow him to resume his duties as a teacher notwithstanding the direction given by the Inspector of Schools. It is alleged in the writ application that while the petitioner was continuing as a teacher of the school, he wanted to get himself trained by undergoing training and for that purpose made an application to the school for leave. The Managing Committee passed a rasolution granting leave to the petitioner and the petitoner was duly relieved by the Secretary of the Managing Committee on 11 -8 -1976. On completion of the training when the petitioner intimated the Secretary of the Managing Committee about the completion of his course, and would join on 1 -4 -1973 but no letter had been received from the Secretary. When on 1 -4 -1978 factually the petitioner joined the Institution he was not allowed to discharge his duties and on the other hand was is restrained by the Secietarv of the Managng Commitee to perform us duties The penecner brought this matter immediately to the notice of the Tnspesier of Schools and the Inspector directed that the petitioner should be allowed to join. But even though the order of the Inspector was communicated to the Secretary of the Managing Committee, yet the petitioners was not allowed to join his duties. For such disobedience of the orders of the inspector. the Managing Committee was ultimately superseded in accordance with law. During the period of suatfrsession even though the Inspector continued to remain in charge of the Managing Committee but did not allow the petitioner to resume his duties and on the other hand, asked the petitioner to wait till the decision is taken by the State Government in the appeal that had been preferred against the order of supersession of the Managing Committee. The petitioner further avers that even though the appeal was ultimately dismissed and the superseded Managing Committee was reconstituted, but still the petitioner having failed in his attempt to join the post from where he had been relieved the petitioner approached this Court. The petitioner preys th3t he may be permitted to join the Institution as a teacher and it must be held that he was coninuing in service all through and all the airrear salary from the date he was prevented from discharging his duties be paid to him

(2.) PURSUANT to notice issued by this Court, a. counter affidavit has been tiled on behalf of opp. parties 1 to 3 being sworn to by tile 'Administrative Officer in the office o1 the Inspector of Schools. Toe - assertions made in the writ application have all been admitted. The fact that he was gianted study leave has also been admitted. But so far as inaction on the part of the Inspector is concerned, while he was continuing to remain in charge of the institution in not allowing the petitioner of resume his duttes. it has been staed that because of the stay order passed by the appellate authority, the Inspector thought it appropriate not to allow to resume his duties and thereafter he thought that the reconstituted Managing Committee -would take a decision in the mailer It has further been aveirtd that in the meantime the petitioner has been appointed as a primay school teacher on being selected by the Selection Committee under the Disuict Inspector of Schools, Bhadrak -I.

(3.) A rejoinder affidavit has been filed on behalf of the petitioner refusing the stand taken in the counter affidavit, of opp. party No. 4. It is to be noted that though one Chandramani Choudhury had been appointed as a teacher in place of the petitioner and was arrayed as opposite party No. 5 and she also has entered o appearance in this proceeding, but no return has been tiled by her.