KEYA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has assailed the order of the Chairman passed vide memo No. 120/DPSC/Law dated 10th July, 2009 whereby and whereunder, she has been prevented to join the school as she is not a permanent teacher.

(2.) At the very outset it is pertinent to record that in spite of an order passed in this writ petition permitting the respondents to file affidavit in opposition, no such affidavit in opposition is filed. However, the learned Advocates appearing for the District Primary School Council, Malda and the state submit that there is no dispute with regard to the facts and the point which is raised in this writ petition are a pure question of law. In view of the above submission, this court proceeded with the hearing of the instant writ petition in absence of any affidavits on behalf of the respondents.

(3.) Brief facts which are necessary for the present purposes are that the petitioner was appointed as Assistant Teacher of Bhandari Para Primary School, District- Malda on compassionate ground. She joined the said school on 01.02.2006 on the strength of the letter of appointment issued by the competent authority. At that relevant time, she was pursuing her graduation and applied for leave without pay for the period from 10.05.2006 to 02.06.2006. After the examination is over she joined duty on and from 03.06.2006. After the gap of nearly four months, she further sought for the leave for pursuing the coaching for admission to MBA course between the period from 31.10.2006 to 10.10.2007. However, she joined her duty on 17.09.2007. The petitioner got admission in MBA course and further applied for leave from 24.09.2007 to 01.08.2008 but she resumed duty on 09.07.2008. She again applied for the leave for the period from 14.7.2008 to 14.04.2009 for completion of her MBA course and thereafter again resumed duty on 02.04.2009.