Decided on July 21,1995

ANJULA PAL (ROY) Appellant

Cited Judgements :-



A.K.Chakravarty, J. - (1.)The petitioner's case is that she was appointed as an Assistant Teacher of Sri Sri Radhamadhab Jew Junior High School at Chrimarshi, P.S. Kotwali District Midnapore in 1966 and her appointment was duly confirmed by the District Inspector of Schools (SE) Midnapore on and from January 2, 1969. She initially applied for leave from 6.7.71 in 14.9.71 and after the said leave was granted she went to reside with her husband and submitted an application for maternity leave from 15.9.71 to 15.1.72. The school authorities by letter dated 16.11.71 directed the petitioner to join her duties within a week from the date of the notice. On receipt of such notice she informed the school authorities that she had given birth of a child on 30.11.71, and prayed for leave for a further period of two months from January 15, 1972 to March 13, 1972. The Secretary of the managing Committee thereafter informed her by letter dated 15.2.72 that she must join her duties within a fortnight from the date of receipt of the letter falling which her service shall be dispensed with. The petitioner received the said letter on 23.2.72 and sent a reply praying for a fortnight's time to resume her duties as such time shall be required for medical treatment and for making arrangement for return journey from Agartala. Her letter was received by the Secretary on 22.2.72. She also sent a telegram to the school authorities on 8.3.72 for a further extension of medical leave for a further period of ten days. On 15.3.72 the petitioner went to the school to resume her duties and submitted her Medical certificate and other relevant papers. But the Headmaster and the Secretary did not allow the petitioner to resume her duties and she was told that she had already been dismissed from her service and so she was also directed not to attend the school and threatened her of physical assault. The petitioner thereafter made several applications before the school authorities on various dates praying for allowing her to Join her duties and finally on 16.3.74 she made application for allowing her to join duties and pay her arrear salaries and allowances but no step was taken on the said application. The petitioner met the Director of School Education (SE), Midnapore and he assured her to look into the matter. The respondent no. 5 the Director of School Education, thereafter held a fresh enquiry on 9.9.85 through the Assistant Director of Schools but the report of the enquiry was not received by the petitioner. Thereafter she made another representation before the respondent no. 7, the District Inspector of Schools, informing him that no enquiry report had been received by her and prayed that her case be disposed of as quickly as possible. The petitioner alleged that no disciplinary proceeding was ever initiated against her and that there never any termination of her service as per rule 28(8) of the Management of Recognised Non-Government Institutions (Aided and Unaided) 1969. The petitioner also alleged that no notice of termination of service was ever issued against her. The petitioner thereafter filed a writ petition being C.O. 9249 (W) of 1986 in this court and that petition was disposed of with a direction upon the director of School Education to consider the representation of the petitioner in accordance with law. The petitioner also having failed to get any report from the Director of School Education in terms of the Court's order, she filed the present application for a writ in the nature of mandamus for directing the school authorities to allow the petitioner to resume her duties as Assistant Teacher of the said school and also for direction upon the respondents to pay the petitioners all arrear salaries and allowances according to the revised scale of pay from 1969 till date.
(2.)The respondent no. 9, the Headmaster of the school, filed an affidavit in opposition in which it was alleged that the petitioner having kept herself absent for a long time since 6.7.71 and she having applied for further leave and since no leave was due to her according to rules, the Managing Committee informed her by registered post for joining her duties immediately. She having not joined her duties in spite of receipt of a such letter the Managing Committee after consultation with the Director of School Education passed a resolution dated 9.1.92 that she should be again informed to join her duties and if she failed again to join her duties, her services shall be dispensed with. The petitioner was granted time up to 8.3.72 and that the petitioner having not resumed her duties on 9.3.72 she was informed that her services was terminated with effect from 9.3.72. In the earlier writ petition filed before this Court, this Court directed that no further appointment shall be made in the vacancy of the petitioner but prior to the passing of the said order the school authorities had appointed one Bishnupada Jana in the said vacancy caused by the termination of service of the petitioner and appointment was duly approved by the District Inspector of Schools (SE) Midnapore. Thereafter as per order of the court the Director of School Education considered the matter and rejected the prayer of the petitioner for allowing her to resume her duties as the services of the petitioner has been terminated.
(3.)In the reply the petitioner has denied the allegations made in the affidavit in opposition and alleged that her service had never been terminated according to the rules and the Managing Committee in collusion with the Director of School Education had not allowed her to resume duties and illegally filled up the said vacancy by other candidate.

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