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Calcutta High CourtFMA/499/2025dismissed

Anindita Maity (Mitra) v. State Of West Bengal And ORS.

2025-06-09Hon'Ble Justice Soumen Sen,Hon'Ble Justice Smita Das De2 pages

09.06.2025 Sl No.14 Court No.8 (SKG) FMA 499 of 2025 CAN 1 of 2025 Anindita Maity (Mitra) -vs- The State of West Bengal & Ors.

Mr. Ujjal Roy, Ms. Atreya Chakraborty, Mr. Abdur Rahim, ..... for the petitioner.

Ms. Debjani Sengupta, Ms. Koyel Bag, Mr. Abhijit Chatterjee ....for the Vidyasagar University Mr.Kapil Guha,, .... for the State.

Mr. Jayanta Kumar Das, Ms. Madhumanti Das, .. for the respondent no.

6 and 7 1.

The appellant was a contractual lecturer of Sanskrit in Deshapran Mahavidalaya. She gave birth to a child in the month of September, 2016 and applied for child care leave from 6th August, 2016 to 30th November, 2016. The said leave was approved. Later it was extended till 31st January, 2017. However the petitioner did not join the college, thereafter the appellant expressed the desire to join service vide a letter dated 11th December, 2019 but the college authority denied the petitioner to join the service on the ground that the Managing Committee has

already taken a decision for termination of her service.

2.

It is being argued on behalf of the appellant that the dismissal of the appellant from service was quite stigmatic and that the decision of child care leave was not extended was never communicated to the appellant.

3.

However, on a specific query being put to the learned counsel for the appellant to prove as to what steps were taken to show that the appellant was desirous of resuming her work between 30th November, 2016 and 11th December, 2019 but as such no satisfactory explanation was offered to substantiate the same. In a simple situation no further enquiry is warranted to question the termination of service.

4.

On such consideration we do not find any reason to interfere with the order passed by the learned Single Judge.

5.

The appeal and the applications are disposed of.

(Soumen Sen, J.) (Smita Das De, J.)