- (1.) Leave granted in both the special leave petitions.
(2.) The singular question that we intend to address in these appeals, by special leave, is whether the Division Bench of the High Court of Calcutta is justified in entertaining the CAN No. 365 of 2011 for condoning the delay of 2449 days in A.S.T.A. No. 10 of 2011 preferred against the interim order dated 25.2.2004 passed by the learned single Judge in W.P. No. 6124(W) of 2004. It is also worthy to note that the Division Bench in A.S.T.A No. 10 of 2011 in A.S.T. No. 13 of 2011 had directed stay of further proceedings in connection with A.S.T. No. 346 of 2004. Needless to say, the said order is consequential as whole thing would depend upon the issue pertaining to condonation of delay.
(3.) Sans unnecessary details, the facts which are essential to be stated for the purpose of disposal of the present appeals are that the appellant, an Assistant Teacher in language group (Bengali), invoked the jurisdiction of the High Court under Article 226 of the Constitution by preferring a writ petition seeking approval of her appointment and for certain other reliefs. The learned single Judge on 25.2.2004 taking note of the submissions of the learned counsel for the petitioner therein and further noticing the fact that in spite of notice none had appeared on behalf of the concerned respondents, issued a direction that during the pendency of the application the services of the petitioner as Assistant Teacher in Bengali in Raghunathpur Nafar Academy (HS) at Abhoynagar in the district of Howrah shall not be disturbed until further orders. As the said order was not complied with, the appellant filed the contempt application being C.P.A.N. No. 1016 of 2004. Be it noted, learned counsel for the petitioner communicated the order to the school authorities but the said communication was not paid heed to. On 24.1.2006 the District Inspector of Schools (SE), Howrah, directed the said school authorities to comply with the direction issued by the learned single Judge. Despite the said direction the order was not complied with. It may be mentioned here that an undertaking was given before the learned single Judge and on that basis C.P.A.N. No. 1016 of 2004 was disposed of. As the factual matrix would further unfurl a new managing committee was constituted in place of the erstwhile managing committee of the school on 21.11.2009 and the appellant was not allowed to join her duty. Being constrained, she preferred another contempt petition No. C.P.A.N. No. 1506 of 2010 wherein the learned single Judge vide order dated 13.5.2010 referred to his earlier order and directed that the District Inspector of Schools (SE) would ensure due compliance of the order. That apart, a direction was issued that the concerned police authority should see to it that the Secretary and the teacher-incharge of the concerned school implement the order in allowing the petitioner to join her duties. After the said order came to be passed, the appellant herein joined her duties as Assistant Teacher with effect from 14.6.2010. Though the appellant was allowed to join, yet she was neither permitted to sign the daily attendance register, nor allotted any work nor paid her salary. Being impelled, she filed an application for contempt, C.P.A.N. No. 1506 of 2010, and on 24.12.2010 the learned single Judge directed for personal presence of the Secretary and teacher-in-charge of the school. At this juncture, the Managing Committee and the Secretary of the school preferred an appeal along with an application for condonation of delay. The said application was seriously resisted by the appellant by filing an affidavit and, eventually, by the impugned order the Division Bench condoned the delay. Be it noted, the Division Bench has also passed an interim order of stay. The said orders are the subject-matter of assail in these appeals by special leave.;