SUNANDA CHAKLADAR Vs. STATE OF WEST BENGAL
LAWS(CAL)-1998-7-19
HIGH COURT OF CALCUTTA
Decided on July 27,1998

SUNANDA CHAKLADAR Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

S.B.Sinha, J. - (1.) The petitioner in this writ application has, inter alia, prayed for the following reliefs: "a) a writ in the nature of Mandamus commanding the respondents and/ or their servants and/or their agents to forthwith confirm and/or approve the service of your petitioner in a permanent nature and to pay all the service benefits to your petitioner with effect from February 6, 1968/ 9.3.72 that is to say salary and other usual allowances to your petitioner in accordance with law and further commanding the respondents and/or their servants and/or their agents to cancel and/or withdraw and/or rescind the order and/or Memos and/or Circulars standing on the way of your petitioner denying the benefit as prayed for ; b) a writ in the nature of Certiorari directing the respondents and/or their servants and/or their agents to send unto this Hon'ble Court the records of the entire proceeding including the decision and/or Memos and/or orders culminating thereto so that conscionable justice may be administered by quashing the same."
(2.) The petitioner was appointed as an Assistant Teacher in Deshagourab Vidya Mandir in the month of February, 1968 and she was acting as Assistant Teacher in the said school for the last 24 years.
(3.) Mr. Pal, learned counsel, appearing on behalf of the petitioner, inter alia, has submitted that keeping in view the various Circular letters issued from time to time, State was bound to approve her service. The learned counsel in this connection has relied upon an unreported decision of a Division Bench of this court in the case of Calcutta District Primary School Council & Others v. Smt. Dipali Ghosh & Others, disposed of on 11.1.1996 (FMAT No.724A/93). The learned counsel submits that the Division Bench of this Court upon considering a large number of Supreme Court decisions and the decision of this court directed the Calcutta District primary School Council to accord approval in accordance with law treating the petitioner's case as an isolated one within a period of two months from date and on her approval she would be treated as a teacher duly appointed in accordance with entitled to the benefit of a proper scale of pay with effect from the date of the said approval. Mr. Pal, learned counsel, submits that the report filed by the School authority would show that the petitioner has been continuing as a Teacher in the said school.;


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