Dola Nag v. State Of West Bengal And ORS.
129 (ML) 129 (ML) 25.11.2024 25.11.2024 Ct. No. 18 (ARPAN) W.P.A. 22059 of 2023 Dola Nag Vs.
The State of West Bengal & Ors.
Mr. Ekramul Bari Mr. Imtiaj Uddin ...for the Petitioner Mr. Bhaskar Prasad Vaisya, Ld. AGP Mr. Nirmalya Roy ...for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the WBBSE Mr. Anjan Bhattacharya ...for the School Affidavit-of-service filed on behalf of the petitioner is taken on record.
Matter is heard in presence of the learned advocates representing the petitioner, school authority of Dumurdaha Dhrubananda High School (H.S.), District: Hooghly (hereinafter referred to as 'the said school'), State respondents and West Bengal Board of Secondary Education.
Grievance of the petitioner centers around letter dated 2nd December, 2022 issued by the Headmaster of the said school whereby the school authority refused to sanction leave availed of by the petitioner during her tenure as Assistant Teacher of the said school. Petitioner worked in the said school up to 9th September, 2021
being the date when the petitioner was released by the concerned District Inspector of Schools (S.E.), Hooghly to join another school. By the said letter dated 2nd December, 2022 said school authority made calculations for refund to be made by the petitioner for enjoying leave unauthorizedly.
Learned advocate representing the petitioner submits since she is no more a teacher of the said school and working in another school by regularizing the leave statement of the petitioner upon sanctioning leave relevant document should be forwarded to the present school of the petitioner for updating her service book. Learned advocate representing the said school authority has made submission based on letter dated 2nd December, 2022 which is at Page 92 of the writ petition. Learned advocates representing the concerned District Inspector of Schools (S.E.)
and the West Bengal Board of Secondary Education have jointly submitted that since the said school authority being the first authority to take decision on leave application of the petitioner therefore, a formal decision is required to be taken by the said school authority with regard to sanctioning leave and regularizing the leave statement. Having taken note of such submissions made on behalf of the concerned District Inspector of Schools (S.E.)
the concerned District Inspector of Schools (S.E.) nor the President of the West Bengal Board of Secondary Education to decide on sanctioning leave in favour of the petitioner in connection with petitioner's service in the said school.
The Headmaster being ex-officio Secretary of the Managing Committee of the school being respondent no.5 is directed to decide the issue of regularizing leave statement of the petitioner on sanctioning leave by eight weeks from date. Before taking such decision it will be open to respondent no.5 to request the petitioner to appear before him, if any clarification is required regarding the leave availed of by the petitioner. Petitioner shall be put in seven day's prior notice for her appearance before respondent no.5 The decision to be taken by the respondent no.5 shall be communicated to the petitioner by one week thereafter. This court expects sympathetic stand would be taken by the respondent no.5 for updating the service book of the petitioner since petitioner has taken transfer from the said school to another school.
With the aforesaid directions, the writ petition stands disposed of.
There shall be no order as to costs.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)