Baishakhi Bhattacharyya (Chatterjee) v. State Of West Bengal & ORS
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side WPA 18757 of 2017 Baishakhi Bhattacharyya (Chatterjee) v.
The State of West Bengal & Ors.
Mr. Sudipta Dasgupta Mr. Sondwip Sutradhar ..... for the petitioner Mr.
Sudipta Dasgupta, learned counsel Court No. 22 22.9.2023 (Item No. ML125) (AB) appears for the petitioner.
None appears for the respondents.
The office report dated September 20, 2017 suggests that, despite there being direction dated August 17, 2017 no affidavit-in-opposition was filed. Considering the issue involved in the writ petition and long pendency thereof this Court is of the view that, no fruitful purpose would be served by keeping the writ petition pending any further, hence, this order is passed.
The petitioner claimed to have been appointed as Para-Teacher at a Secondary/Higher Secondary School. The petitioner claimed the benefit of Assistant Teacher on the principle of equal pay equal work basis.
To sub-serve justice, the petitioner shall be at liberty to make a comprehensive representation before the Secretary, Department of School Education (Secondary Branch), State of West Bengal positively
within a period of one week from date but the same shall not travel beyond the scope of the case made out in the writ petition.
In the event, such representation is submitted by the petitioner, the concerned Secretary upon issuing a prior hearing notice of at least seven days to the petitioner and the appropriate authority of the Ramchandrapur High School, District Howrah as would appear from page 17 to the writ petition and after giving them an opportunity of hearing shall decide the issue by passing a reasoned order. The entire exercise as directed above shall be carried out and completed by the concerned Secretary positively within a period of six weeks from the date of receiving the said comprehensive representation from the petitioner. The concerned Secretary then shall communicate its reasoned order within a further period of two weeks to the petitioner and the relevant School Authority from the date of the reasoned order to be passed.
It is made clear that, this Court has not gone into the merits 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 said concerned Secretary but the same shall not travel beyond the scope of the case made out in the writ petition.
It is made clear that, this order shall not create any equity or right in favour of the petitioner, if the petitioner is not eligible to receive her claim strictly in accordance with law.
On the above terms, this writ petition being WPA 18757 of 2017 stands disposed of.
There shall, however, be no order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Aniruddha Roy, J.)