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1999 Supreme(Cal) 23
High Court Of Calcutta
BARIN GHOSH
SIRIJIT CHANDRA SINGH - Appellant
Versus
J.R.KALIA, PRESIDENT, WWA COSSIPORE ENGLISH SCHOOL MANAGING COMMITTEE - Respondent
. . Of .
Decided On : 02/01/1999
The appointment of a Principal in a listed school must be made in accordance with the Code of Regulations for Anglo Indian and other Listed Schools, 1993 and the appointment letter issued by the Hony. Administrator is valid since he is the extended arm of the President.
Headnote:
EDUCATION LAW - APPOINTMENT OF PRINCIPAL - CODE OF REGULATIONS FOR ANGLO INDIAN AND OTHER LISTED SCHOOLS, 1993 - APPLICABILITY - APPOINTMENT LETTER ISSUED BY HONY. ADMINISTRATOR - VALIDITY - PAYMENT OF SALARY - ENTITLEMENT.
Fact of the Case:
The petitioner was appointed as the Principal of WWA Cossipore English School by the Hony. Administrator on 3rd April 1998. The petitioner joined his services on 1st July 1998 and was paid his salary for the month of July 1998. However, on 31st July 1998, the President of the Managing Committee of the school informed the petitioner that there is a serious anomaly and deviations in the service conditions and salary offered to the petitioner. The petitioner was then offered a lower salary and his service was stated to be on probation for a period of one year from the date of his joining. The petitioner challenged the said decision by filing a writ petition.
Finding of the Court:
The Court held that the writ petition is maintainable since the school in question is one of the listed schools and the Code of Regulations for Anglo Indian and other Listed Schools, 1993 issued by the Government is applicable to the school. The Court further held that the appointment letter issued by the Hony. Administrator is valid since he is the extended arm of the President and, as such, his actions are deemed to be the actions of the President himself. The Court also held that the petitioner is entitled to the salary as per his appointment letter since he has rendered his services and no fraud has been committed in the matter of fixation of his salary.
Issues: 1. Whether the writ petition is maintainable? 2. Whether the appointment letter issued by the Hony. Administrator is valid? 3. Whether the petitioner is entitled to the salary as per his appointment letter?
Ratio Decidendi: 1. The Court held that the writ petition is maintainable since the school in question is one of the listed schools and the Code of Regulations for Anglo Indian and other Listed Schools, 1993 issued by the Government is applicable to the school. 2. The Court held that the appointment letter issued by the Hony. Administrator is valid since he is the extended arm of the President and, as such, his actions are deemed to be the actions of the President himself. 3. The Court held that the petitioner is entitled to the salary as per his appointment letter since he has rendered his services and no fraud has been committed in the matter of fixation of his salary.
Final Decision: The writ petition was allowed and the Institution in question was directed to forthwith pay all the salaries of the petitioner in terms of his appointment letter dated 3rd April 1998.
( 1 ) THE Court : On 3rd April 1998 the Hony. Administrator of WWA Cossipore English School issued an appointment letter to the petitioner to the effect as follows:-"no. CES/nkb/appt/687 dt. 3. 4. 98. To sri Srijit Chandra Singh, 12b, Elliot Road, calcutta-700 016. Sub: appointment to the post of Principal, offering. Ref: your applicantion dated dear Sir, with reference to your application under reference above and subsequent interview held on 15. 3. 98 in the school premises, I am glad to offer you an appointment for the post of Principal in WWA Cossipore English School, 59, Seven Tanks Estate, Calcutta 700 002. The terms and conditions of appointment are as follows:- 1. Your post is permanent upto the age of 60 years, thereafter, it may be extended with consolidated pay.
( 2 ) YOU are requested to join on or before 1st July 1998.
( 3 ) YOU will be entitled to draw a consolidated pay of Rs. 15,000/- at present p. m. Your pay will be revised after announcement of 5th Pay Commission by the Govt. of West Bengal and will be fitted in the appropriate schools. Please acknowledge receipt and confirm acceptance of the offer. Thanking you, yours faithfully. Sd/-N. K. Bhattacharya, hony. Administrator. 2. On 6th April 1998 the petitioner accepted the said appointment. The same Hony. Administrator then wrote a letter dated 29th June 1998 to the petitioner which runs as follows :-"dear Dr. Singh, thank you for your letter of acceptance dated 6th April 1998 in response to the letter appointing you as the permanent Principal of this institution with effect from the date you join the post. You will continue as permanent Principal till you attain the age of 60 years. Your services may be further extended upto the age of sixty five depending on your physical fitness and performance. You will be paid a gross salary of Rs. 15000/- which is subject to revision after the anouncement of the report of the pay commission. Special annual increment will be sanctioned, till the Pay Commission reported implemented. During the extension period you will be paid a consolidated salary, not less than that drawn at the completion of sixty years of age. We may consider some revision of this with every revision of our pay scale. I hope you will make every effort to join us as early as possible and submit the joining report. Your timing will be from 8 a. m. to 3 p. m. With the best wishes,"3. There is no dispute that the petitioner joined his services in the said school on 1st July 1998. There is also no dispute that the petitioner was paid his salary for the month of July 1998 by the pay slip dated 31st July 1998. On 31st July 1998 the President of the Managing Committee of the school informed the petitioner that there is a serious anomaly and deviations in the service conditions and salary offered to the petitioner and that the Managing Committee after consultation with experts would referred back to the petitioner. Then on 24th August 1998 it was stated by the President of the Managing Committee of the school that the petitioners salary will be much less than Rs. 15000/-and that the petitioner's service will be on probation for a period of one year from the date of his joining. The petitioner then made a representation and claimed salary in accordance with his appointment letter. To that a reply was given again by the President stating that the question of releasing the salary at rate of Rs. 15000/-per month has been sent for urgent legal opinion and only on receipt of such opinion a decision to release the same will be taken. Hence this writ petition has been filed.
( 4 ) AN affidavit in opposition has been filed by the President. In that a preliminary objection has been taken to the effect that the writ petition is not maintainable since the school is not any "other authority" within the meaning of Article 12 of the Constitution.
( 5 ) MY attention has been drawn to a Government Order dated 24th December 1993, known as Code of Regulation
