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Calcutta High Court (Appellete Side)

Bipad Taran Patra vs The State Of West Bengal & Ors on 15 November, 2016

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15.11.2016
Court No.12
Item no.126
skc
                                           W.P. 17017 (W) of 2016

                                      Bipad Taran Patra
                                             Vs.
                                  The State of West Bengal & Ors.




                  Mr. Amit Prakash Lahiri
                  Mr. Arunava Pati        ... for the petitioner

                  Mr. Sadhan Roy Chowdhury
                  Mr. Manas Kumar Sadhu ... for the State



                  Affidavit-of-service filed in Court is taken on record.

                  In spite of service of notice, nobody responded on behalf of the

              School authority.

                  The petitioner who has been appointed as Headmaster of Loupara

              High School (H.S.), Bankura, on the basis of recommendation by the

              selection committee on 29.01.2009 and the same has been approved by

              the District Inspector of Schools (SE), Bankura. Since his appointment

              as Headmaster, the petitioner has discharged his duties but without any

              rhyme or reason, the authority did not allow the petitioner to discharge

              his duties as Headmaster from 07.09.2013 to 15.06.2015 and, as such,

              the petitioner approached the higher authority as also the Board being

              opposite party no.4 herein, but in spite of order passed by the Board, the

              school authority neither allowing the petitioner to discharge his duties as

              Headmaster nor paying salary to the petitioner for the aforesaid period.
                              2


    Under such circumstances, the respondent no.4, the West Bengal

Board of Secondary Education as also the respondent no.3, District Inspector of Schools(SE) Bankura, are directed to pass appropriate order in accordance with law upon hearing to the school authority being the respondent no.6 herein as to why they are not allowing the petitioner from discharging his duties as Headmaster and not to pay salary on the aforesaid period as stated above. The said exercise be completed within a period of three months from the date of communication of this order. With the above direction, the writ petition is disposed of. Supplementary affidavit filed today is taken on record.

( Rajiv Sharma, J. )