Tuhina Saha v. State Of West Bengal And ORS.

22.03.2023 (I.No.31) Ct.-18 (P.Jana)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRITJURISDICTION APPELLATE SIDE WPA 1988 of 2023 Tuhina Saha -Vs- The State of West Bengal & ors.

Ms. Malabika Roy Dey, .... For the Petitioner.

Ms. Chhama Mukherji, Sr. Govt. adv.

Ms. Paramita Pal, ... For the State.

Mr. H. Barua, Mr. Biswajit Das, ... For the respondent no. 5.

The petitioner is an approved Assistant Teacher of Deshpran Birendranath Institution for Girls, Kolkata- 700 026.

The petitioner is complaining that her Service Book has not yet been updated by the school authorities.

The school authority, during the pendency of the writ petition has completed their part of work to update the said Service Book but the petitioner has not put her signature against some of the entries in her Service Book raising a dispute with regard to the veracity of the said entries and as a consequence the Service Book is yet to be updated.

Ms. Malabika Roy Dey, learned counsel for the petitioner, submits that her client could not put her signature against some entries in her Service Book as it appears from the said entries that the Managing Committee of the school has not granted Child Care Leave to her for some periods but those entries are not correct inasmuch as there was no Managing Committee of the school for the periods mentioned in

the said entries instead the school during the said periods was under the Drawing & Disbursing Officer. Ms.

Chhama Mukherji, learned Senior Government Advocate for the school authorities, files a report of the District Inspector of Schools (SE), Kolkata, the respondent no. 2 herein, wherefrom it appears that after the resignation of the President of the Managing Committee of the said school in the month of January, 2019, the Sub-Inspector of Schools (PE), Kolkata , Circle-XVIII was authorized to act as the Drawing & Disbursing Officer of the said school who subsequently in pursuance of the different orders School Education Department and the then District Inspector of Schools (SE), Kolkata was appointed to discharge the function of the President of the Managing Committee of the said school. The said report is taken-on-record.

In view of such report, the objection of the petitioner regarding the correctness of the said entries in her Service Book is overruled.

Accordingly, the petitioner is directed to put her wanting signature against the relevant entries of her Service Book within a week from date.

WPA 1988 of 2023 is disposed of with the above terms without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)