BAISHALI CHOUDHURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The judgment of the Court was as follows:-

(2.) Heard the learned Advocates for the parties. The instant writ petition has been filed by a former Assistant Teacher of the School named St. John's Diocesan Girls' Higher Secondary School primarily complaining of wrongful termination of her service by the authorities of the concerned School on 11th Dec., 2009. From the documents annexed to the writ petition, it appears that the writ petitioner was appointed as an Assistant Teacher in the Secondary Department of the concerned School with effect from 12th Jan., 2009, purely on temporary basis at a consolidated salary of Rs. 10,000.00 per month. This appears from the appointment letter dated 3rd Dec., 2008, being Annexure P-1 to the writ petition. In the said letter dated 3rd Dec., 2008 it has also been stated as follows:

(3.) Subsequently, by a letter dated 18th Sept., 2009, addressed to the Hony. Secretary of the concerned School the writ petitioner prayed for regularisation of her service by confirming her in the post with a further prayer to the said authority not to fill up the post which was held by her in any manner whatsoever. She ended her said letter dated 18th Sept., 2009, by stating that any attempt to fill up the post, which she held from outside, would be contrary to law. This letter dated 18th Sept., 2009, appears at Annexure P-2 to the writ petition. From the other documents annexed to the writ petition, it appears that on 19th Sept., 2009, the authorities of the concerned school extended the probationary appointment granted to her earlier for a further period of six months up to 11th Jan., 2010. In the said letter dated 19th Sept., 2009, it was further stated that she would continue to receive the consolidated amount of Rs. 10,000.00 per month during the extended period of her probation and other terms and conditions of the appointment letter dated 3rd Dec., 2008 were to remain unchanged.