MALATI GAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application is at the instance of an employee of a school and is filed for issuance of a writ in the nature of mandamus commanding the respondents to give the petitioner an opportunity of age relaxation and to allow her to participate in the interview for the post of Group-D staff in the school and other consequential reliefs.

(2.) THE short fact is that the petitioner was appointed as an Aunty on July 2, 1990 in Habra Model Nursery and K.G. School in the morning shift in the premises of Habra Model High School by the Secretary Managing Committee of the said school. There is a common Managing Committee of both the schools. Since appointment, the petitioner has been working as an Aunty of the said school with a meagre remuneration. Subsequently, upon retirement of one Laxshmi Bhasphore on February 28, 2001, the petitioner claimed for participation in the selection process for recruitment to the said vacancy with relaxation of age. She sent a representation, but, no reply. Under the circumstances, this application has been preferred.

(3.) THE petitioner has produced another certificate appearing as Annexure P-3 at page no.17, but, I find that this certificate lays down that the petitioner is discharging her duties uninterruptedly for 15 years on payment of a minimum honorarium. This certificate does not lay down any office memo number and so it was not issued by the competent authority in official course of business, but, it was issued possibly, when the same was asked for by the petitioner. Moreover, the said certificate lays down that the petitioner was engaged on honorarium basis. There is no letter of appointment in favour of the petitioner from the Habra Model High School. Accordingly, I am of the view that this paper cannot be considered at all.