BARNALI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has challenged the order contained in the memo bearing No.1187 dated 11th June, 2020 issued by the Chairman, District Primary School Council, Purba Bardhaman (hereinafter referred to as said memo) in the instant writ petition. The relevant portion of the said memo is set out below:- "In terms of West Bengal Board of Primary Education's No.926/BPE/2020 Date 11/06/2020 Smt. Barnali Ghosh, Teacher In Charge, Burdwan Municipal Girls' High School (Primary Section) is placed under suspension on disciplinary grounds from her post as Teacher In Charge and Assistant Teacher with immediate effect."

(2.) The petitioner says that the petitioner joined Bardhaman Municipal Girls Junior Basic School (hereinafter referred to as the said Junior School) as an Assistant Teacher on 22nd April, 2010. The petitioner before being suspended taught mathematics in Class-III, English in Class-I and took other classes in the primary section as may be assigned to her from time to time. The petitioner says that Shyamali Mondal, the Head Mistress of the said Junior School was about to retire in December, 2016. The next senior most teacher at that relevant time in the said Junior School was Shefali Roy (Ghosh). She expressed her inability to take charge of the said Junior School and as teacher-in-charge as a result whereof, the petitioner was asked to function as the Teacher-in-Charge of the said Junior School in December, 2016. By a memo bearing No.1787/IGA, the Commissioner, School Education, West Bengal approved the necessary arrangement for amalgamation of two management bodies, one being that of Bardhaman Municipal Girls School and the other being that of the said Junior School on the basis of the existing rules and procedures. In terms of such approval, the amalgamated school became to be known as Bardhaman Municipal Girls High School (HS) being an integrated Higher Secondary School from Pre-Primary to Higher Secondary (hereinafter referred to as the said integrated School). The Head Mistress of the said junior school was appointed as Head Mistress of both the Pre-Primary and the Higher Secondary Section. It will also appear from the said memo annexed to the writ petition at page 21 thereof that the teachers of Junior Basic Section of the integrated School will be sponsored and appointed by West Bengal Board of Primary Education (in short WBBPE) through District Primary School Council (in short DPSC), Bardhaman, but the controlling authority including their service related issues and suspension etc will be conducted by the Management Committee/ Administrator of the integrated School with the concurrence of DPSC and WBPE.

(3.) Pursuant to such amalgamation, it is the petitioner's case that a resolution was taken which will be reflected in memo No.3670/9 dated 22nd March, 2017 issued by the Chairman, DPSC, Bardhaman. A copy of such memo was endorsed to the petitioner being the then Teacher-in-Charge, Bardhaman Municipal Girls Junior Basic School. It will appear from the said memo that the Teacher-in-Charge of Bardhaman Municipal Girls Junior Basic School i.e. the petitioner was required to hand over the charge including Mid-Day-Meal of the Primary Section to the Head Mistress of the said integrated School in the presence of SI/S, Sadar Urban II, DIS(SE)'s representative and DIS(PE)'S representative. It is petitioner's further case that on 31st March, 2017, the petitioner handed over the charge in the presence of DPSC, Bardhaman, DI School (SE) DI School (PE). The handing over of the charge will appear at page 29 of the writ petition. The petitioner also says that after handing over of the charge, the petitioner did not function as an teacher-in-charge but has been working as an assistant teacher in the primary section of the said integrated school.