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Calcutta High CourtWPA/3083/2025disposed

Minu Ahamed v. State Of West Bengal And ORS.

2025-04-01Hon'Ble Justice Saugata Bhattacharyya4 pages

01.04.2025 Court No. 18 Item No. 04 (Suvendu) WPA 3083 of 2025 Minu Ahamed -Versus- The State of West Bengal & Ors.

Mr. Kamalesh Bhattacharya Mr. Rezaul Hossain Mr. Parvez Hossain .....for the petitioner Mr. Ekramul Bari Sk. Imtiaz Uddin ..........for respondent no. 8 Ms. Koyeli Bhattacharya Mr. Bibek Dutta Ms. Keya Panja .....for the WBBSE Report of learned Registrar General of this Court dated 25th March, 2025 showing service of order dated 11th March, 2025 upon the District Inspector of Schools (SE), Murshidabad being respondent no. 3 and the Administrator of Saidabad Maharaja Srish Chandra Balika Vidyalaya, Murshidabad (hereinafter referred to as "said school") being respondent no.6 in terms of said order dated 11th March, 2025, is placed before this Court and same is taken on record. Pursuant to order dated 11th March, 2025, Dr. Smita Chaudhuri, erstwhile Headmistress of

said school being respondent no. 8 is personally present in Court today.

It is submitted that in terms of previous order passed by this Court Service Book and other relevant documents including Provident Fund Account Statement were forwarded to respondent no. 3 on 28th February, 2025.

However, it is admitted that there are certain adverse remarks made by respondent no. 8 on the Service Book of the petitioner and today Mr. Bari, learned advocate representing respondent no. 8 has submitted that the Administrator of said school may be directed to take back Service Book and other relevant documents from respondent no. 3 for deletion of adverse remarks made by respondent no. 8. It is further submitted that respondent no. 8 retired on superannuation on 28th February, 2025 from the post of Headmistress of said school. Therefore, she is not in a position to take steps for deletion of adverse remarks from Service Book of the petitioner.

It is submitted by learned advocates representing the parties that the Administrator who is functioning in the said school is one of

the Sub-Inspectors of Schools working under District Inspector of Schools (SE), Murshidabad. The Administrator of said school being respondent no. 6 is directed to take back the Service Book and other relevant documents of the petitioner from the office of respondent no. 3 by seven days from the date of communication of this order and delete adverse remarks made by respondent no. 8 on the Service Book of the petitioner by 48 hours thereafter and resubmit those service records in the office of the respondent no. 3 by seven days thereafter. On receipt of Service records, respondent no. 3 is directed to forward the same to the present school of the petitioner namely Banshbari Krishnamohan Balika Vidyalaya (HS), Malda through District Inspector of Schools (SE), Malda being respondent no.4. Respondent no. 3 shall complete all necessary formalities before forwarding service records of the petitioner to respondent no. 4 and such steps shall be taken by respondent no. 3 by fortnight from the date of resubmission of service records by respondent no.6.

Writ petition stands disposed of, without any order as to costs.

In view of order passed by this Court today, previous order passed by this Court restraining State authorities not to release retiral dues to respondent no. 8 stands vacated and concerned respondent authorities are at leave to take steps in accordance with law for processing pension case of respondent no. 8.

Personal appearance of respondent no.8 is dispensed with.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)