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Calcutta High CourtWPA/26576/2022dismissed

Bithi Saha v. The State Of West Bengal And ORS.

2023-01-10Hon'Ble Justice Aniruddha Roy2 pages

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 26576 of 2022 Bithi Saha VS The State of West Bengal & Ors Mr. Nikhil Kumar Gupta Mr. Shamit Dutta ..... for the petitioner Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee .... For the State Mr. Goutam Roy Mr. I. Jha Mr. Santanu Mukherjee .... For respondent No. 11 Affidavit of service filed in Court today, is Court No. 22 10.01.2023 (Item No. 64) (AB) taken on record.

The writ petitioner was appointed as a contractual Teacher by the relevant School for the period 2019-2020. The writ petitioner has not disclosed the terms and conditions for the said contractual appointment. After completion of her contractual terms the service of the writ petitioner stood automatically terminated by efflux of the contractual period.

Mr. Arindam Chattopadhyay, learned advocate appearing for respondent Nos. 1, 2 and 3 wishes to produce the terms of appointment of the petitioner, wherefrom he submitted that, it would appear that there is no scope for any further appointment of the petitioner as the contractual terms came to an end.

Mr. Santanu Mukherjee, learned advocate appearing for the School authority i.e. respondent No.

11. He submitted a copy of previous writ petition being W.P.A. 13481 of 2021 filed by the self-same writ petitioner on the self-same cause of action and submitted that, pendency of the said previous writ petition had deliberately and willfully being suppressed in this writ petition.

At this juncture Mr. Nikhil Kumar Gupta, learned counsel appearing for the petitioner, on instruction from his client submitted that, the writ petitioner is no more willing to proceed with this writ petition.

Considering above, this writ petition being W.P.A. 26576 of 2022 stands "dismissed as withdrawn".

There shall, however, be no order as to costs. (Aniruddha Roy, J.)