SABITA PAUL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The background facts, in brief, leading to the filing of the writ application are as under;

(2.) One Smt. Bandana Das was an approved teacher of respondent school (Birnagar Shivkali Girls' High School, Birnagar, Dist. Nadia) and was granted leave for one year and thereby a leave vacancy occurred in the institution. The District Inspector of Schools (SE) granted prior permission for filing up the said leave vacancy (annexure 'P3'). In the said prior permission the nature of vacancy has been described as "lien leave vacancy for one year with effect from September 27, 1995 to September 25, 1996". Pursuant thereto an advertisement was published in newspapers and in response thereto petitioner applied for the post in question and appeared before the Selection Committee constituted for the said purpose. Thereafter, the panel prepared by the Selection Committee was submitted for approval and the DIS (SE) by his order dated March 1, 1996 (annexure 'P-7') accorded approval to the same. The petitioner herein being the first empanelled candidate was accorded appointment by letter dated March 2, 1996 (annexure 'P8'). Therein it was clearly specified that the appointment was against 'lien vacancy' vice Smt. Bandana Das, Assistant Teacher. It was further stated in the appointment letter that:

(3.) Post appointment approval as required under the Recruitment Rules was granted by the DIS (SE) (annexure 'P9'), therein also against the name of the petitioner; the nature of vacancy and its duration has been stated as "Lien Leave vacancy one year w.e.f. September 9, 1995 to September 25, 1996". Thereafter, it appears that an application was filed by the aforesaid Smt. Bandana Das, then serving Head Mistress in Santipur Saratkumari Girls' High School praying for granting her another year's leave with effect from September 26, 1996. The said application was considered by the Managing Committee and it was resolved that the aforesaid Smt. Bandana Das be granted another year's lien as an Assistant Teacher with effect from September 26, 1996 (annexure 'P10'). It has further been recorded in the said resolution that the petitioner be allowed to continue her service against lien for another year with effect from September 26, 1996 and that petitioner be reappointed against lien for another year. The Secretary was directed to make proper arrangement for submitting necessary papers for taking prior permission from the DIS (SE), Nadia, for allowing the petitioner to continue her service against the vacancy lien (second year w.e.f. September 26, 1996). Upon such application having been made by the School authorities DIS (SE), however, accorded approval to the petitioner continuing for a period of 6 months in the said leave (lien) vacancy w.e.f. October 1, 1996. The petitioner was accordingly informed of the same by the Managing Committee that she has been appointed Assistant Teacher with effect from October 1, 1996 for 6 (six) months vide leave lien of Smt. Bandana Das (annexure 'P12') dated November 26, 1996.