The Lt. Governor And ORS. v. A.P.Abdul Aziz And ORS.

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction [ CIRCUIT BENCH AT PORT BLAIR ] *** MA/12/2022 The Lieutenant Governor and others ... Appellants Vs.

A.P.Abdul Aziz and others .....Respondents Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the appellants Mr. Gopala Binnu Kumar ... for the respondent nos.2 to 29 Mr. Rajinder Singh ... for the respondent No.1 November 23, 2022 [SR] Item No.11 Under challenge in this appeal is the Order dated 27th of July, 2022 passed by the Hon'ble Single Bench in the writ petition, being WPA/49/2022. The writ petitioners are the teachers of the respondent School. The appellants before this Court is the Andaman and Nicobar Administration represented by the Lieutenant Governor and others. The writ petitioners had complained of withdrawal of their salaries in view of certain disputes connected to grants-in-aid which cropped up between the Administration and the School in issue. Rules in force enjoin the Administration to contribute 95% of the salaries of the teachers of the School as grant-in-aid and the remaining 5% of such salaries is to be paid by the School Management itself.

The Administration noticed that the 5% obligation to contribute monthly salaries of the teachers was not being generated from the correct fund by the School. Accordingly, the Administration took notice of such fact and withheld its share of contribution towards the salaries of the teachers.

The Hon'ble Single Bench then dealt with the issue at length and the operative portion of the Order impugned in this appeal reads as follows:

42. Thus, WPA/49/2022 is allowed, thereby directing the respondent nos. 1 and 4, that is, the Lieutenant Governor, Andaman and Nicobar Islands and the Directorate of Education, Andaman and Nicobar Administration to pay or cause to be paid the entire amount of arrears of salaries and allowances of the employees of the respondent No. 5-school including both the components, that is, the Administrator's share and the managing committee's share thereof, within a month from date to the salary accounts of the petitioners. Such payment will consist of the balance amount after deducting the amounts already deposited in terms of the interim order passed in the present writ petition.

43. It will be open to the petitioners to withdraw their respective salaries from such deposits.

44. It is however, made clear that nothing in this order shall prevent the respondent No. 4 to undertake appropriate inquiry and to take measures, as discussed in the orders, against the respondent No. 5-school's management within the contemplation of the 1973 Rules. However, till any such step is taken, the respondent Nos. 1 to 4 shall ensure that the Administrator keeps on disbursing its own share, and that of the management committee, of the salaries and the allowances of the employees of the respondent No. 5-school regularly. It will be open to the petitioners to withdraw their current salaries from their salary accounts from the said deposits as well.

45. This order has been passed without prejudice to the rights and contentions of the respondent No. 1 to 4 and respondent No.

to take appropriate steps/defence in connection with the allegations levelled against the respondent No. 5. It is made clear that the above arrangement shall continue till any action of permanent nature is taken against the respondent No. 5-school, if at all, in due course of law and/or compliance of the 1973 Rules by the respondent No. 5.

46. The connected application being CAN/1/2022 is disposed of accordingly."

Mr. Chakraborty, Learned Counsel appearing for the Administration with Mr.Ramendu Agarwal, Learned Counsel, submits that the Hon'ble Single Bench erroneously exercised jurisdiction by directing the Administration to contribute 100% towards the salaries of the teachers of the School as grants-in-aid. It is submitted that such a direction cannot operate in perpetuity de hors the Rules. Mr. Rajinder Singh, Learned Counsel, appears for the School and submits that the School in issue shall pay its contribution of 5% towards the salaries of the teachers from its Development Fund till such time it can generate the proper funds for payment of 5% in terms of the Rules. Mr. Gopala Binnu Kumar, Learned Counsel, points out that the teachers are yet to receive their arrears of salaries as directed by the learned Single Bench and in view of the admitted position recognized by the Hon'ble Single Bench, the arrears of the salaries ought to be paid in full by the Administration.

Having heard the parties and considering the materials placed, this Court is at this stage ad idem with the stand

taken by Learned Counsel for the Administration that the direction to pay 100% of the salaries of the teachers cannot continue in perpetuity. At the same time, this Court is of the view that the Order impugned of the Hon'ble Single Bench requires to be implemented.

Accordingly, the petitioners/Administration shall strictly comply with the Order of the Hon'ble Single Bench dated 27th of July, 2022 applicable till the month of October, 2022. On and from the month of November, 2022, the petitioner/Administration shall be entitled to pay according to the Rules, its share of 95% towards the salaries of the teachers. The School Management shall continue to contribute its 5% share as per the Rules from November, 2022.

The payment, as directed above, upto October 2022 shall be completed within a period of four weeks. It is made clear that the parties are permitted to take any subsequent action in accordance with the Rules.

Accordingly, this Court of the view that nothing further remains to be decided in this appeal.

MA/12/2022 stands thus disposed of.

All parties to act on a server copy of this order downloaded from the website of the Hon'ble High Court. Urgent Xerox certified copy of this order be supplied to the Learned Counsel appearing for the respective parties upon compliance of usual formalities.

( Rabindranath Samanta, J. ) ( Subrata Talukdar, J. )