ASHIM KUMAR BANERJEE,J. - (1.) The respondent no. 1 was a Primary Teacher in Higali G.S.T.T Primary School under Nadia District Primary School Council. She was transferred to Milan Sangha Prathamik Vidyalaya on May 17, 2000. Her service was shifted from rural primary school to urban primary school. Accordingly, she joined the Milan Sangha Prathamik Vidyalaya and after retirement of senior most teacher B. Sen, she became the Head Teacher of the said school.
(2.) On November 14, 2002, Sastitala Primary School got amalgamated with Milan Sangha Prathamik Vidyalaya and the respondent no. 1 claimed that she worked as Teacher-in-Charge till December 12, 2002, when she became ill and had to undergo surgery. She joined the school after recovery of illness on January 31, 2003. The dispute arose at that stage. After joining, she asked her colleague Satya Gopla Dey to handover the charge of Head Teacher. It was not done as Sri Dey had refused to handover the charge.
(3.) The respondent went to the Civil Court and obtained an order of stay. She filed a writ petition before this Court. Learned Single Judge disposed of the writ petition being W.P 18839(W) of 2004 vide order dated March 09, 2005. His Lordship, after considering the rival contentions, asked the Primary School Council to determine the question of seniority. His Lordship further directed payment of salary for the disputed period. Pertinent to note, neither the Council nor the State did prefer any appeal from the said order dated March 09, 2005. Hence, the said order reached finality and the concerned Teacher became entitled to salary without any break. The issue was resolved on the seniority and ultimately the respondent continued in service till her retirement on May 31, 2007. She, however, did not get her arrear of pay on and from December 05, 2003 to March 26, 2007. Pertinent to note, during that period the dispute was going on and the respondent was not allowed to work as Teacher-in-Charge. Now she has retired from service and has become entitled to all retiral benefit including the pensionary benefit. The Council is bent upon not to extend the same.;