LAWS(CAL)-2022-5-31

SANGHAMITRA BHATTACHARYA Vs. SUDESHNA KAR

Decided On May 11, 2022
Sanghamitra Bhattacharya Appellant
V/S
Sudeshna Kar Respondents

JUDGEMENT

(1.) The present appeal is directed against a judgment and order dtd. 31/3/2022 passed by the Single Bench in WPA 2133 of 2022 whereby and whereunder the appellant was directed not to discharge duties and functions as Assistant Headmistress of Kamala Vidyamandir High School for Girls (HS) nor shall sign any papers and documents including the attendance register in such capacity in the said school. The order impugned runs thus:-

(2.) It appears from the impugned order that apart from the restrain having created upon the appellant in discharging duties as Assistant Headmistress or the Teacher-in-Charge, the West Bengal Central School Service Commission was also directed to post the appellant as Assistant Teacher in any other school with pay protection. Therefore, the pivotal issue involved in the instant appeal is whether the writ court can pass an order demoting the appellant to the post inferior to the post which she held without following and/or keeping adherence to the statutory Rules or end provisions of law applicable thereto.

(3.) Indubitably, the appellant was appointed as Assistant Teacher in Garden Reach Nutbehari Das Girls High School on November 3, 1997 which was duly approved by the DI of Schools (S.E) on 4/2/1998.