Subrata Talukdar, J. - (1.) In this writ petition the principal prayer is for a command in the nature of Mandamus, particularly to the Respondent Nos. 6, 7 and 8, to reinstate the writ petitioner in the service of the School along with full benefits, past and present. It is submitted that the Respondents/School be ultimately restrained from giving effect to their notice dated 28th December, 2012 terminating the service of the petitioner as a permanent Assistant Teacher.
(2.) The School in issue stands governed by the Code of Regulations for Anglo Indian and Other Listed Schools, 1993 (for short the Code). The petitioner was appointed as an Assistant Teacher in Bengali to the School on the 5th of April, 2006 and made permanent on 3rd April 2008. As a permanent teacher the petitioner became automatically subject to the Service Rules (SR) governing the appointments so made, including Rule 16 thereof. In terms of Rule 16 (d) of the SR, the service of a confirmed teacher may be terminated by the Managing Committee (MC) of the School for reasons of misconduct, albeit, only after an Enquiry into the circumstances connected to such misconduct as more fully provided in Rule 21 of the SR.
(3.) The petitioner, represented by Mr. Jha, Learned Counsel, alleges that the abrupt termination of her service by the notice dated 28th December, 2012 is far removed from the procedure contemplated by the SR (supra). The petitioner submits that she, along with other confirmed teachers and staff of the School, lodged their protest against the denial of their dues arising out of the revision of pay through RoPA 2009. The pending arrears spanned the period of revision effective from the 1st of April, 2008 and concluding on the 31st of March, 2009.;