IMPORTANT POINT
The right to livelihood is a fundamental right under Article 21, and deprivation without due process is unlawful.

JUDGMENT :

Rai Chattopadhyay, J.

1. The writ petitioner is aggrieved due to the inaction on the part of the respondent District Inspector of Schools (Secondary Education), Birbhum/respondent No.3 as well as the West Bengal Board of Secondary Education/respondent No.10, against whom he has alleged gross inaction as regards taking necessary steps pursuant to his letter dated July 3, 2018.

2. In short, the factual background of the case is as follows:-that after joining in the school in the year 2011, the writ petitioner was assigned with the duty of the teacher-in-charge with effect from October, 2017. During that period and allegedly as a result of his protest against the illegal activities of the Managing Committee, rift and discordance had developed between him and the Managing Committee. As a result, the petitioner submitted resignation on April 28, 2018 to the Secretary, Managing Committee of the school. There he narrated about him being forcefully restrained to join in duties, having been subjected to threat and dire consequences, due to his protesting the unlawful activities of the Managing Committee of the school. He has named the respondents No. 13 and 14 as the main perpetrators of such mischief.

3. Subsequent thereto, vide another letter dated July 3, 2018, the petitioner wrote to the President of the West Bengal Board of Secondary Education/respondent No.10, so that he may be transferred to some other school, in view of the animosity developed between himself and the Managing Committee rendering the work environment not conducive of peaceful dispensation of his duties. He has also mentioned there about him having forcefully been restrained to join in the school and also he having been threatened with dire consequences.

4. On both the occasions, the petitioner has expressed apprehension about his safety, security and well being, due to such threat to his life, as allegedly extended towards him by the school authority, particularly the respondents No.13 & 14. Subsequently the petitioner’s salary has been stopped, with effect from February, 2018.

5. Since thereafter, neither the petitioner has been allowed to join in the duties nor has been released his salary. His application dated July 3, 2018 has never been considered by the respondent No.10. Thus allegedly, the writ petitioner has been illegally and unfairly deprived of his constitutional right to life and livelihood. Hence, this writ petition.

6. Mr. Chowdhury, Learned Advocate appears for the writ petitioner. He submits that the petitioner has been subjected to glaringly unfair treatment and gross illegality, by the respondents. He says that the writ petitioner is an approved permanent teacher and at the relevant point of time he was assigned with the duties of the teacher-in-charge of the school. There he protested illegal activities of the authority in the functioning of the school and invited rage of the authorities including respondent Nos. 13 and 14. That, as a result, he has been restrained to join in the school and so threatened that he has been compelled to submit his letter dated April 28, 2018. It is submitted that subsequently, vide letter addressed to the President West Bengal Board of Secondary Education, dated July 3, 2018, he has virtually withdrawn his resignation tendered vide the earlier letter and sought for transfer. However, the same has never been considered. Though in the meantime, with effect from February 2018, the writ petitioner’s salary has been stopped.

7. It has further been submitted that the authorities have acted illegally by not allowing the petitioner to join in duties and withholding his salary without any rhyme and reason, most unjustly, unfairly and arbitrarily, though at the same time treating him on the roll, he has been directed to discharge certain duties etc, as assigned to him. The writ petitioner has sought for an appropriate order to redress his grievance.

8. Mr. Banerjee is representing the school authority. He is vehemently o