Ruma Dash (Dey) v. State Of West Bengal & ORS
581 08.12.2022 Sc Ct. no.22 WPA 3240 OF 2020 -------------- Smt. Ruma Dash (Dey) Vs.
The State of West Bengal & Ors.
Ms. Kakali Dutta ....For the Petitioner Affidavit-of-service, filed today, is taken on record. This is at least the second occasion when the relevant school authority, viz. the respondent nos. 6 and 7 are not represented before this Court. By an order dated September 15, 2022 this Court directed the parties to file and exchange the respective affidavits, the respondents committed breach of such direction. The writ petition is kept pending since 2020 and no useful purpose will further be served by keeping the writ petition pending as it is.
The writ petitioner claims to be an Assistant Teacher at Belur Girls' High School (H.S.), District - Howrah. She claims her Service Book to be provided by the respondent no.7. She made a representation on September 27, 2014, Annexure-P2 to the writ petition. The issue was not addressed.
In view of the above, to subserve justice, the respondent no.7 shall consider the said representation of the petitioner dated September 27, 2014, Annexure-P2 to
the writ petition upon giving at least a seven days' prior hearing notice to the petitioner and then after giving her an opportunity of hearing shall pass its reasoned order on the issue. While considering the said representation the respondent no.
shall take into account the communication of the West Bengal Board of Secondary Education dated March 20, 2013, Annexure-P1 to the writ petition and then shall pass its reasoned order strictly in accordance with law.
The entire exercise, as directed above, shall be carried out and completed by the respondent no.7 positively within a period of four weeks from the date of communication of this order.
The respondent no.7 shall then communicate its reasoned order to the petitioner within a further period of two weeks from the date of the said reasoned order to be passed.
It is made clear that this Court has not gone into the merits of the claim of the writ petitioner in any manner.
The writ petitioner shall be at liberty to urge whatever points she wishes to urge and will be at liberty also to rely upon whatever documents and records she wishes to rely upon before the respondent no. 7. On the above terms this writ petition, WPA 3240 of 2020 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)