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2014 DIGILAW 536 (CAL)

Ruma Munshi v. State of West Bengal

2014-06-19

TAPABRATA CHAKRABORTY

body2014
JUDGMENT : Tapabrata Chakraborty, J. 1. This writ application had been preferred stating, inter alia, that vacancy in the post of Assistant Teacher in history in Central Girls High School (Secondary School) (hereinafter referred to as the said school) occasioned due to retirement of one Smt. Pratima Bagchi on 31st December, 1993. The said vacancy was advertised, the petitioner participated in the selection process and she emerged to be successful and was accordingly appointed on 29th August, 1996. 2. The petitioner alleges that prior to promulgation of the West Bengal School Service Commission Act, 1997 the petitioner's name was forwarded to the respondent no.3 for approval. 3. Mr. Bag, learned advocate appearing for the petitioner draws the attention of this Court to a representation made by the petitioner dated 24th February, 1999 and a memorandum dated 27th July, 2000 issued by the respondent no.6 and submits that the name of the petitioner was forwarded to the respondent no.3 as no name pursuant to the said vacancy was sent by the Regional Service Commission, Malda. 4. The writ application was initially admitted by an order dated 11th June, 2001 with a direction towards exchange of affidavits. An interim order was also passed to the effect that "status-quo as on today as regards the service of the petitioner shall be maintained until further order of this court." 5. In spite of the order towards filing of affidavit-in-opposition, no opposition had been filed by the respondents till date and no one had appeared on their behalf on consecutive occasions. 6. I have heard Mr. Bag and I have considered the materials on record. 7. In my opinion, no useful purpose will be served by keeping the writ application pending. 8. Accordingly, I dispose of this writ application directing the petitioner to make a fresh representation to the respondent no.3 incorporating all relevant documents in support of his claim. 9. Such representation should be submitted to the respondent no.3 within a period of three weeks from date along with a copy of this order. 10. Upon receipt of the said representation, the respondent no.3 shall consider the same upon granting an opportunity of hearing to the petitioner, the school authorities and other interested persons and pass a reasoned order in accordance with law and communicate the same to the petitioner. 11. 10. Upon receipt of the said representation, the respondent no.3 shall consider the same upon granting an opportunity of hearing to the petitioner, the school authorities and other interested persons and pass a reasoned order in accordance with law and communicate the same to the petitioner. 11. Till such communication of the said order by the respondent no.3, the interim order passed by this Court on 11th June, 2001 shall continue. 12. The entire exercise should be completed by the respondent no.3 within a period of eight weeks from date. 13. It is made clear that this Court had not gone into the merits of the petitioner's claim and all points are kept open to be considered by the said respondent no.3. 14. The writ application, accordingly, stands disposed of. 15. There shall, however, be no order as to costs. 16. Urgent Photostat certified copy of this order, if applied for, be handed over to the petitioner on compliance of necessary formalities.