V. S. SIRPURKAR, C. J.

( 1 ) THE appeal is filed against the dismissal order passed by a learned single Judge of this Court dismissing the writ petition filed by the original writ petitioner, one Kali Kinkar Chatterjee. In that writ petition the writ petitioner had sought to quash the order dated 25th April, 2000 whereby the O. S. D. and Ex-officio Deputy secretary had directed that there would be no pay protection to the petitioner, who had come from the non-Government unaided school to the Government aided school, since there was no provision for such pay protection.

( 2 ) A brief history would be necessary to understand the controversy. The petitioner Kali Kinkar Chatterjee joined a school called "bagha jatin School" which was a recognised and Government aided institution, as a teacher on 19th August, 1966. He continued in that school for twenty-three years when he applied for the post of Headmaster which had fallen vacant in a school called "a. K Ghosh Memorial School" which was a recognized but unaided school. This was a permissible exercise and accordingly the petitioner left the aided school and joined the unaided school as a headmaster. While fixing his salary, the unaide

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