Sayanti Banerjee v. State Of West Bengal And ORS.
30.03.2023 Item no.31 Court No.22.
AB WPA 6667 of 2023 Sayanti Banerjee Vs The State of West Bengal & Others Mr. Debasish Banerjee, Mr. Rakesh Jana ....for the Petitioner.
Ms. Chamma Mookherjee, Mr. Aniruddha Mohanta....for the State.
Affidavit of service filed in Court today is taken on record.
The petitioner claims to be an Assistant Teacher at Rajlakshmi Kanya Vidyapith, District - Nadia. Due to absence of appointment of the Headmistress, the school is being managed and run by the teacher in charge.
By the decision of the Managing Committee dated March 27, 2021 at page 21 to the writ petition, it was decided that the Assistant Teachers by rotation shall perform the job of the teacher in charge of the school. The petitioner had expressed her inability due to her health reasons.
Mr. Debasish Banerjee, learned Counsel appearing for the petitioner drawing attention of this Court to Annexure P-4 at page 25 to the writ petition submitted that on February 3, 2023, the petitioner
made a representation, inter alia, before the respondent no.6 and the same had not received its attention.
The relevant school authorities are not represented before this Court today.
Considering the issues involved in this writ petition and the materials on record, to sub-serve justice, the respondent no.6 is directed to consider the representation of the petitioner dated February 3, 2023 at page 25 to the writ petition upon giving a prior hearing notice of three days to the petitioner and the respondent no.8 and after giving them an opportunity of hearing shall decide the issue by passing a reasoned order in accordance with law. It is made clear that the Court has not gone into the merit of the claim of the petitioner in any manner and the petitioner and the school authority shall be at liberty to urge whatever points they wish to urge by relying upon whatever documents and records they wish to rely upon before the respondent no.6. The entire exercise as directed above shall be carried out and completed by the respondent no.6 positively within a period of three weeks from the date of communication of this order and the respondent no.6 shall then communicate his reasoned order to the petitioner and the respondent no.8 within a further
period of one week from the date of the reasoned order to be passed.
In the event the reasoned order is passed in favour of the petitioner, the managing committee of the relevant school shall give effect thereto in accordance with law.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
On the above terms, this writ petition being WPA 6667 of 2023 stands disposed of, without any order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after compliance with all the necessary formalities.
(Aniruddha Roy, J.)