MARWARI BALIKA VIDYALAYA Vs. ASHA SRIVASTAVA & ORS

JUDGEMENT

(1.) The main question for consideration in the appeal is as to maintainability of writ petition as against private school receiving grant in aid to the extent of dearness allowance. The appeal has been filed against the judgment and order dated 30.1.2009 passed by the Division Bench of the High Court of Calcutta whereby the appeal filed by respondent No.1 was allowed directing his reinstatement along with back wages.

(2.) The facts of the case are that respondent No.1 herein applied for the post of Assistant Teacher in the year 1985 and after the interview she was appointed as Assistant Teacher in the appellant-school on probation w.e.f. 01.04.1995. The school authority referred all requisite papers to the District Inspector of Schools concerned seeking approval on 31st March 1995. On 2nd January 1997 concerned District Inspector of Schools (Primary Education), Calcutta referred those papers to the Director of School Education, West Bengal for his opinion who in turn requested the District Inspector of Schools concerned to submit a declaration from respondent No.1 herein that she would not claim any arrear of salary. Respondent No.1 unwillingly agreed to such an undertaking.

(3.) Thereafter, there was a delay in granting approval and respondent No.1 on 27.11.2000 filed a Writ Application No.3232 of 2000 before the High Court seeking Writ of Mandamus commanding the Director of School Education, West Bengal and concerned District Inspector of Schools to accord approval of the appointment. The High Court vide order dated 18.12.2000 in W.P. No.3232/2000 disposed of the Writ Petition with direction to Director of School Education to consider the matter with regard to approval of the appointment of respondent No.1 as Assistant Teacher in appellant school within a period of six weeks.