RUPA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The issues raised in these two petitions are related. The same were heard together and hence shall stand disposed of by this common judgment and order. The petitioner in W.P. 4021 (W) of 2010, Smt. Rupa Jana was appointed as Assistant Teacher in Science in Basanti St. Teresa's Girls High School (hereafter the school), vide appointment letter dated March 22, 2007 issued by the Secretary thereof. She was placed on probation for two years. However, the managing committee reserved the right to shorten the period of probation in its discretion. There were other terms and conditions accompanying the letter of appointment, which Smt. Jana accepted. Such acceptance was endorsed by her on April 2, 2007, as it appears from the document at page 47 of her petition. Smt. Jana joined the school on April 2, 2007 and started discharging duty as Assistant Teacher. However, vide notice dated February 5, 2009, Smt. Jana was informed as follows : 'You have been appointed as Asst. Teacher in our school w.e.f. 2.4.2007 on probation. During the above period your services are not satisfactory hence your services are not required in our school w.e.f. 26.3.2009 (as per clause no.IV of your appointment letter dt. 2.4.2007)'.

(2.) Smt. Jana by her letter dated February 13, 2009 preferred an appeal before the Senior Daughters of Cross Provincial, 68, Diamond Harbour Road, Kolkata 70023, praying for quashing of the notice of termination of service on the grounds mentioned therein. The appeal was due to be considered on March 24, 2009 at 2.00 p.m. It was at this stage that Smt. Jana preferred a writ petition before this Court being W.P. 3180 (W) of 2009.

(3.) Noticing that the appeal had been fixed for consideration on March 24, 2009, this Court by order dated March 23, 32009 declined to entertain the writ petition. Smt. Jana was given liberty to present herself before the committee constituted by the Governing Body of the school for hearing. The appeal of the petitioner, however, was rejected. The appellate order was communicated to her by the Secretary of the Governing Body of the school by his letter dated April 8, 2009.