Sanjit Pal v. State Of West Bengal And ORS.

14.08.2024 Court No. 18 Item No. 27 (Suvendu) WPA 19963 of 2024 Sanjit Pal -Versus- The State of West Bengal & Ors.

Mr. Sunit Kumar Roy .....for the petitioner Mr. Gouranga Kumar Das ....for the respondent no.6 Mr. Anjan Bhattacharyya ....for the respondent no. 5 Mr. Biswabrata Basu Mallick Mr. Tamal Taru Panda ......for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner being an Assistant Teacher of Jaigachi Shyamaprasad Bidyayatan (HS), District -North 24 Parganas has come up with the present writ petition for correction of petitioner's Service Book which has not been done in spite of a date was fixed by the District Inspector of Schools (SE), North 24 Parganas being respondent no. 4 on 21st June, 2024 when the petitioner and the school authorities being

respondent nos. 5 and 6 were directed to appear before respondent no. 4.

It has been jointly submitted by the learned advocates representing the petitioner and respondent no. 5 that in spite of appearance of petitioner and respondent no. 5 District Inspector of Schools did not take any decision. Learned advocate representing the petitioner has drawn attention of this court to a letter dated 17th March, 2020 issued by the respondent no. 6 addressed to the respondent no. 5 by which admitting fault on the part of the previous Headmaster of respondent no. 6 school respondent no. 5 was requested to do the needful for correction of Service Book of petitioner.

Grievance of the petitioner is that in spite of said letter respondent no. 5 till date has not corrected the Service Book.

Mr.

Bhattacharyya, learned advocate representing respondent no. 5 submits in reference to the letter of respondent no. 6 dated 17th March, 2020 which is at page 37 of the writ petition that the said letter might have been sent to the concerned District Inspector of Schools but respondent no. 5 has not received the said

letter. According to respondent no. 5 based on letter dated 17th March, 2020 question of rectifying Service Book of petitioner does not arise.

During course of hearing, learned advocate representing respondent no. 5 has made an attempt to demonstrate before this Court that prior to joining of the petitioner in the respondent no. 5 school petitioner worked in two different schools and there was improper maintenance of particulars of service of petitioner in the Service Book which prevented respondent no. 5 school to take necessary steps in rectifying the Service Book of petitioner. Respondent No.

School is also represented by the learned advocate.

State respondents are represented by Mr.

Basu Mallick, learned Additional Government Pleader who submits that since on previous occasion based on hearing held no decision was taken by the concerned District Inspector of Schools for correction of Service Book of petitioner another date may be fixed for reconsideration of the issue. Reliance has been placed on behalf of the State respondents on a memo dated 2nd July, 2024 issued by the

District Inspector of Schools (SE), North 24 Parganas addressed to all Heads of Junior High/ High/ Higher Secondary Schools in the district of North 24 Parganas for taking necessary steps in order to correct service records of teaching and non-teaching staff of those schools.

According to the State respondents, since memo has already been issued on 2nd July, 2024 by the concerned District Inspector of Schools there should not be any impediment in taking steps from the end of concerned District Inspector of Schools with cooperation of respondent nos. 5 and 6 to correct Service Book of petitioner.

Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing the District Inspector of Schools (SE), North Parganas being respondent no. 4 to take necessary steps for correction of Service Book of petitioner in presence of the petitioner, respondent nos. 5 and 6 by eight weeks from the date of communication of this order. The respondent nos. 5 and 6 are also directed to cooperate with the concerned District Inspector of Schools in order to correct the Service Book of the petitioner.

There shall be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Saugata Bhattacharyya, J.)