- (1.) THESE three appeals relate to identical fact and as such are disposed of by this common judgment.
(2.) ONE Gita Banik claimed to have been appointed as an Assistant teacher in Garifa Arati Academy for Girls'. She filed a writ petition being w. P. No. 12430 (W) of 1999, inter alia, praying for her regularisation in the school in the post fell vacant due to the death of one Smt. Chaya Banerjee on May 29, 1998. On August 2, 1999 her writ petition was disposed of by the learned Single Judge directing the District Inspector of School to take steps for regularisation and/or absorption of Gita in place and stead of Chaya. Contempt application was moved wherein Rule of Contempt was issued as against the District Inspector of School for non-consideration of her prayer despite order of the learned Single Judge. Under the threat of contempt she was regularised by the District Inspector on November 16, 2000, State preferred an appeal along with an application for condonation of delay. Application for condonation was dismissed by the Division Bench by an order dated July 9, 2001. Second writ petition was fried by Gita being W. P. No. 4414 (W) of 2002 for implementation of the said order, inter alia, for a direction upon the headmistress to allow her to join the school. The said application was heard and disposed of by another learned Judge by order dated May 8, 2002 wherein his Lordship made caustic observation against the Headmistress. The headmistress also filed an appeal being M. A. T. No. 1440 of 2002 against the order dated May 8, 2002. The Headmistress also filed an application (C. A. N. No. 2500 of 2002) for recall of the original Order dated August 2, 1999 which was rejected by the learned Single Judge by judgment and order dated July 19, 2002. The Headmistress filed another appeal being M. A. T. No. 2419 of 2002. The Headmistress also filed a third appeal being M. A. T. No. 2485 of 2002 renumbered as F. M. A. No. 1396 of 2007 against the original order dated august 2, 1999 directing regularisation of Gita. All the three appeals were heard by us on the above mentioned dates.
(3.) MR. Bidyut Kiran Mukherjee, learned Senior Counsel appearing in support of the appeals contended that the original application being w. P. No. 12430 (W) of 1999 was never served upon the Headmistress. The headmistress did not appear before His Lordship although a Vokalatnama was filed purportedly bearing her signature. According to the appellant Gita was never appointed in the school. She never worked in the said school. Hence, she could not have been regularised as a regular teacher of the concerned school. The District Inspector under the threat of contempt had to regularise her appointment. The Headmistress upon coming to know of the said order filed an application for recall before the said learned Judge. The learned Judge verified the signature of the appellant and found the same was not similar to the one appearing in the Vokalatnama, even then His Lordship dismissed the application by judgment and order dated May 8, 2002 which gave rise to the third appeal.;