Rupali Sasmal (Bhuiya) v. State Of West Bengal & ORS

08.06.2022.

Item No. 26.

Court No.13 pk W.P.A. No. 11624 of 2019 Rupali Sasmal (Bhuiya)

Versus

The State of West Bengal and others Mr. Pratip Kumar Chatterjee ...for the petitioner.

Mr. Supriyo Chattopadhyay, Ms. Iti Dutta ... for the State.

Ms. Reshmi Ghosh ... for the Ram Krishna Viveknanda Mission The writ petitioner claims to have worked from 8th February, 2003, to 13th October, 2015, in the Ram Krishna Viveknanda Mission, Jogendra Chandra Bose Memorial School, Berugram, Burdwan.

Counsel for the petitioner submits that her service was terminated after she left the school on maternity. The school came to be recognised by the West Bengal Board later in 2015. The writ petitioner claims permanent employment.

Counsel for the State submits that the said school is private and unaided, albeit recognised by the Board. State does not fund the school in any manner whatsoever, or even grant DA.

This Court is of the view that the maintainability of the writ petition is itself seriously in doubt. The school authority submits that they are completely a social service non-profit organization, and the persons working in the school are giving

voluntary and free service, and they are called "Sevak or Sevika". There are no pay scales or any other employment benefits on being associated with the school.

In those circumstances, no relief can be granted to the petitioner.

The writ petition fails and is hereby dismissed. There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)