Purnendu Pal v. Secretary, Department of School Education
2014-03-19
SAMBUDDHA CHAKRABARTI
body2014
DigiLaw.ai
Judgment : Sambuddha Chakrabarti, J. While the mismatch between demand for job and its availability and the resultant negative balance are perennial social and economic scourge of our society ironically enough employment without work, in howsoever small a segment that may be, is also a problem calling for immediate attention. When by and large the job market is flooded with faces of despair and frustration, when a mere berth at any placement is all that a man can aspire to survive himself we are also occasionallyfaced with a situation when unproductive employment breeds no less a frustration, though in a reverse manner. The petitioner in WP 19287(W) of 2009 is the Headmaster of Metropolitan Institution (Burrabazar Branch) and the teachers of the said school are facing a similar problem. Once a very reputed institution founded in the nineteenth century by no less a person than Sri Iswar Chandra Vidyasagar, it failed to attract students as it gradually lost its glory with the passage of time. Change in the linguistic demography of the locality might be a causative factor. But we are not on the cause, but the effect of the outcome. The sharp decline of the students’ strength of the school is an admitted fact and from the table annexed to the petition showing a session-wise students strength of the school from 1999-2000 to 2009-10 confirms the same. When admission of a child to a school is a cause of worry to thousands of parents this particular school in the academic session 2009-10 has only two students. This is a truth and indeed stranger than fiction. Consequently the school has no Managing Committee and the petitioner and other teachers have been rendered virtually inactive and without any work. In the year 2005 the Board of Secondary Education had withdrawn the recognition of the school and the District Inspector of Schools (SE), Kolkata asked the petitioner as the Headmaster of the school to issue transfer certificates in favour of the students so that they might be admitted elsewhere. This was followed by a memorandum dated October 6, 2005 whereby the services of all the approved staff of the school were placed to other schools. The respondents nos. 6 and 7 herein filed a writ petition being WP 20107(W) of 2005 challenging the decision to de-recognize the school and the consequent order thereafter.
This was followed by a memorandum dated October 6, 2005 whereby the services of all the approved staff of the school were placed to other schools. The respondents nos. 6 and 7 herein filed a writ petition being WP 20107(W) of 2005 challenging the decision to de-recognize the school and the consequent order thereafter. By an order dated October 6, 2005 the order of withdrawal of recognition of the school was stayed until further order of this court. Since then the members of the staff of the school by virtue of an order of stay obtained in the earlier writ petition had been continuing their services in the school although they have practically no work to do and no duty to discharge. The non-performing teaching force of the school had understandably reached a stage of frustration. If the continuous and unrelenting pressure of work without any leisure had dulled the proverbial Jack the endless leisure without any work had an equal impact on the consumers of unearned salaries. The frustration and despair is easily noticeable when the staff of the school had requested the petitioner as the Headmaster to move this court to oppose the application for stay obtained in WP21017(W) of 2005. They expressed their anguish and angst in no uncertain terms in the said letter which has been annexed to the writ petition as Annexure P-8. The petitioner has thus taken out the present writ petition not only for himself but also claiming to voice the sentiments of his colleagues of different ranks, seeking for an order directing the respondents to take appropriate steps for the transfer of the petitioner to other schools in terms of the memo mentioned earlier. By an order dated June 27, 2012 a learned single judge of this court had directed both the petitions to be listed together. Since then both these matters have been assigned to me. In spite of service of notice upon the learned advocates in WP 20107(W) of 2005 none had appeared on behalf of any of the parties in the said writ petition. I have heard Mr. Amzad Ali, the learned senior counsel for the petitioner and Mr. Tridib Sarkar, the learned advocate for the respondent nos. 3 and 4 in connection with the second writ petition and have also considered the facts and the background of the earlier writ petition.
I have heard Mr. Amzad Ali, the learned senior counsel for the petitioner and Mr. Tridib Sarkar, the learned advocate for the respondent nos. 3 and 4 in connection with the second writ petition and have also considered the facts and the background of the earlier writ petition. A bare perusal of the factual aspect leaves no sensitive man in any doubt that the situation prevailing in the school is very grave and the anxiety expressed in the petition was neither misconceived nor exaggerated. While it is true that an individual has a right to earn his livelihood it is equally true that unproductive payment is not only an individual problem but a malady in the larger societal context. Right to work does not only mean right to get the salary which the members of the staff of the school are undoubtedly getting. For a teacher without any opportunity to teach – a school without pupils – nothing can be more frustrating notwithstanding the salary he gets at the end of the month. Any conscientious person similarly circumstanced can probably never wipe it off in the deep recess of his heart that he has not really ‘earned’ his remuneration, his pay packet is not reciprocated by any productive labour. This has a de-humanising effect which slowly but surely tells upon his efficiency, makes him gradually unworthy in his profession and dwarfs his personality. An even distribution of wealth in a broader perspective calls for more judicious resource utilization. One can well appreciate the big strain on public exchequer when a sizable number of employees are provided with non-productive remuneration and the teachers in turn cannot render their services for non-availability of students in a school. The excellence of the teachers and staff of the school is bound to show a downward graph steadily, but unmistakably. When a man earns his salary he has equally a right to work unless of course work has been taken away from him as a punitive measure. Such being not so in the present case it is time for us to remind ourselves the age-old wisdom that a man may not live for bread alone. I find sufficient merit in the submissions made by the writ petitioners in the second writ petition and find no reason for the interim order granted in the earlier writ petition i.e., WP 20107(W) of 2005 to continue any further.
I find sufficient merit in the submissions made by the writ petitioners in the second writ petition and find no reason for the interim order granted in the earlier writ petition i.e., WP 20107(W) of 2005 to continue any further. I at the same time find no merit in the said writ petition and the writ petition being WP 20107(W) of 2005 is dismissed inasmuch as I hold that the order impugned in the said writ petition was passed in view of the factual situations prevailing there. The interim order granted on October 6, 2005 stands discharged. I allow the second writ petition being WP 19827(W) of 2009. I direct the concerned authorities to take appropriate steps for transferring the petitioner to any other school in terms of the memo dated October 6, 2005 which has been annexed to this writ petition as Annexure P-4 and if the vacancies as mentioned in the said memo are not available the authorities will be at liberty to pass an appropriate order of transfer of the petitioner to any other school in accordance with law. The authority will also be at liberty to issue consequential orders of transfer after the dismissal of the first writ petition in respect of the other staff of the school. The second writ petition is allowed. In both the writ petitions there shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on priority basis upon compliance of all requisite formalities.