TAPATI BASU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenging the acceptance of the resignation of them by an educational institution namely Noble Mission of South Calcutta by its written communications dtd. 9/3/2021, 29/6/2022 and 2/9/2022, the petitioners have approached this Court by filing this writ petition.

(2.) The facts giving rise to filing of this writ petition may briefly be stated as under:

(3.) The petitioners Tapati Basu and Sudipa Banerjee are the Assistant Teachers of the institution. By order dtd. 15/3/2022 issued by the Joint Secretary of Mass Education Extension Department, Government of West Bengal academic recognition was sanctioned to Noble Mission of South Calcutta as an institution for handicapped children and by the order the institution was informed that it should follow the norms of the department. The Department of Mass Education Extension inspected the institution and verified all the documents as regards students, curriculum and organising teaching and non-teaching staff of the institution. Being satisfied with the functioning of the school, the documents relating thereto and the qualifications of the teaching and non-teaching staff the Mass Education Extension Department granted sponsorship to the institution in terms of Memo No. 553 Edn (MME) dated April 20, 1995. Subsequently, by an order dtd. 16/11/2010 issued by the OSD, Ex-Officio Joint Secretary, Department of Mass Education Extension, sanction of sponsorship was granted to the institution with the students strength of 93 and 17 teaching and non-teaching posts. By the order dtd. 16/11/2020 the OSD, Ex-Officio Joint Secretary directed the Director of Mass Education Extension that eligible organising teaching and non-teaching staff of the institution would be absorbed against the respective post as sanctioned and would be placed in respective scales of pay. This order dtd. 16/11/2020 was issued with the concurrence of the Finance Department and approval of the cabinet on October 27, 2020. After receiving the order of sponsorship, the institution authority made prayer to the Director of Mass Education Extension to approve the appointment of the eligible teaching and non-teaching staff of the institution as they were discharging their duties with a nominal remuneration. By a memo dtd. 14/1/2011 the concerned State authority asked the institution to reconstitute managing committee with certain members whose designation were mentioned in the Memo.