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2017 DIGILAW 646 (CAL)

Chhanda Dhali v. State of West Bengal

2017-07-27

ARIJIT BANERJEE

body2017
JUDGMENT : 1. Affidavit-of-service filed in Court today be kept with the record. 2. The petitioner is a teacher of Dihibagnan KB Roy High School. She sought transfer on special ground. The West Bengal Central School Service Commission has issued a Memo dated June 27, 2017 recommending the transfer of the petitioner to Bishnupur Mahakuma Madhyamik Vidyalaya, Bishnupur. The said school at Bishnupur issued a Memo dated July 3, 2017 which is a letter of appointment in favour of the petitioner requesting the petitioner to join the school at an early date. Thereafter, the petitioner made representation to the school/Headmaster Cum Secretary/President of the school where she is presently teaching for issuing a “no objection” certificate/release order. However, the school has not issued release order in favour of the petitioner. A resolution was adopted by the school on July 22, 2017 to the effect that although the recommendation of the School Service Commission should be complied with, but in view of dearth of teachers in the school, no release order can be issued. 3. In spite of service, nobody appears on behalf of the respondent/school authorities. I have heard learned counsel for the parties including learned counsel for the State and School Service Commission. The contention of the school authorities as reflected in the resolution that they have adopted, cannot be accepted. Dearth of teachers in a school cannot be a ground for refusing to issue release order when the transfer of the petitioner has been approved by all other authorities. This is well-settled and if necessary one may refer to the Hon’ble Division Bench decision of our Court reported in (2009) 2 CHN 626 (Managing Committee, Kholapota Prankrishna Halder Girls High School & anr. Vs. Nibedita Roy). 4. Accordingly, I direct the President/Secretary/Headmaster of Dihibagnan KB Roy High School to issue release order, service book, provident fund statement updating the provident fund account and other papers in connection with the petitioner’s service, in favour of the petitioner within a period of five days from the date of communication of this order. 5. I am not unmindful of the difficulty that the school may face by reason of transfer of the petitioner. However, as per law, the school authorities cannot refuse to release her. The authorities of the school shall take immediate steps for appointment of a new teacher in the place and stead of the petitioner. 5. I am not unmindful of the difficulty that the school may face by reason of transfer of the petitioner. However, as per law, the school authorities cannot refuse to release her. The authorities of the school shall take immediate steps for appointment of a new teacher in the place and stead of the petitioner. For that purpose, the school authorities shall be at liberty to approach the School Service Commission. If so approached, the School Service Commission shall extend all cooperation to the school authorities for appointment of new teacher. The school authorities shall also be at liberty to recruit a new teacher in terms of the Government Circular No.1170-SE(S)/3S-47/2012 dated August 23, 2013. 6. Needless to say that the new school, i.e. Bishnupur Mahakuma Madhyamik Vidyalaya, Bishnupur shall permit the petitioner to join upon the present school issuing release order to the petitioner. 7. No useful purpose will be served by keeping the writ petition pending. 8. Since no affidavit-in-opposition has been invited, the allegations contained in the writ petition are deemed not to be admitted. 9. WP 19859 (W) of 2017 is, accordingly, disposed of. 10. There will be no order as to costs. 11. Let a plain photocopy of this order, duly countersigned by the Assistant Registrar (Court), be handed over to the learned counsel for the parties, on usual undertaking.