The court affirmed the principle that school staff must receive due salary and benefits unless proven otherwise, emphasizing continuity of service without interruption or unjust denial.

JUDGMENT :

Rai Chattopadhyay, J.

(1) An order of the District Inspector of Schools (Secondary Education) South 24 Paraganas, dated July 17, 2020, is under challenge in this writ petition and the petitioner has prayed for setting aside of the same. The petitioner has also prayed for release of salary, which according to him, stands due and outstanding pursuant to the order of the Court dated January 14, 2004 in writ petition No. W.P. 17062 (w) of 2002. He has prayed for release of arrear salary from the date May 1, 1997 to April 30, 2000 and from November 1, 2003 to January 6, 2015. He has also prayed for the arrear revised monthly salary for the said period, with interest @ 10% per annum. Accordingly, he has prayed for appropriate pension, considering the revised salary as his last drawn pay.

(2) The checkered background of this case is required to be narrated in a nut-shell, which is as follows:

(3) The organizing managing committee appointed the petitioner as the Group-D Staff in the school namely, Alipara Ambedkar Siksha Niketan (in short “Alipara school”) in 1986. The exact date of appointment is not mentioned in the writ petition. Alipara school was accorded recognition as Class-IV Junior High School, with effect from May 1, 1997. 7 persons including the writ petitioner had moved before this Court a writ petition, seeking their approval, being W.P. No. 9407 (w) of 1999. Pursuant to the order thereof dated March 31, 2000, all the 7 writ petitioners including the present petitioner was granted approval vide letter dated May 10, 2000, with effect from May 1, 1997. The financial benefit was awarded with effect from March 31, 2000.

(4) The other writ petition filed by the present petitioner along with the other persons was W.P.No. 4656 (w) of 2012, in which they had sought for release of arrear as well as current salary. The Court had directed the District Inspector of Schools (Secondary Education) South 24 Paraganas, to consider and decide about the petitioner’s prayer there.

(5) Subsequently vide an order dated October 27, 2014, the Alipara school was de-recognised with effect from October 1, 2014. Vide an order on the same date, that is October 27, 2014 the petitioner was transferred to Dholtikari Junior High School (in short “Dholtikari school”), where he joined on January 8, 2015.

(6) The petitioner’s grievance is that despite the Alipara school being derecognized and he being transferred vide orders dated October 27, 2014, his approval in the transferee school has been accorded with effect from January 8, 2015, thereby resulting into break in his service. Hence, he challenged the same immediately by filing another writ petition, being W.P.No. 16105 (w) of 2018. The Court had directed the District Inspector of Schools (Secondary Education) South 24 Paraganas, to consider the prayer of the petitioner. The resultant order is that dated July 17, 2020 which is challenged by the petitioner in the present case.

(7) In the said impugned order the District Inspector of Schools (Secondary Education) South 24 Paraganas, has held and directed inter alia, as follows:

- The petitioner has been approved as the Group-D Staff of Dholtikari school, with effect from October 1, 2014, instead of January 8, 2015;

- The earlier order of approval of the petitioner was thus rectified;

- That the petitioner has served in the Alipara school from May 1, 1997 to October 2003;

- That the petitioner did not serve in any school from November 2003 to September 30, 2014;

- Hence the petitioner’s pay was fixed on the basis of the pay drawn by him in October 2003.

(8) For benefit of discussion, the relevant facts may be reproduced in a flow-chart:

(9) Therefore, it appears that for the period from May 1, 2000 to October 31, 2003 the petitioner has not raised any claim of arrear salary. During the said period he was engaged in Alipara school and has been remitted with the appropriate salary. This fact is admitted by the respondent, since in the impugned order the respond