ANITA PATTANAYAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been moved with the following prayers: a) (i) To issue a writ and/or order in the nature of mandamus commanding the respondents to forbear from giving any further effect to Memo No. 2063 dated 30th December, 1993 (Annexure "P-1") and/or allow the corresponding scale as revisied from time to time and to direct the respondents to refix the scales admissible to the respondent Nos. 9 and 10 as Assistant Teacher as admissible to trained graduates for having higher qualification in non- relevant subjects on and from 1st May, 1992 till date and to further direct the respondents to realise the excess amounts paid to the respondent Nos. 9 and 10. (ii) To command the respondent Nos. 5 to cause any independent enquiry to the allegation made in Annexure "P-7" dated 14th May, 2002. (b) To issue a writ of certiorari calling upon the respondents as specially the respondent No. 4 to produce and/or to cause production of the records relating to the fixation of scale of pay as per annexure "P-1" and the records relating to and/or steps taken on the basis of representation dated 1st May, 2002 (Annexures "P-1" and "P-3") for appointment as Headmistress of Palaspai Anchal Gita Rani Dhara Balika Vidyalaya by the respondent Nos. 3, 4, 5 and 6 so that conscionable justice may be done by quashing the same. (c) To issue a writ of prohibition commanding the respondent Nos. 1 to 5 not to exercise jurisdiction in any manner whatsoever in respect of the appointment of the respondent No. 9 as Headmistress of Palaspai Anchal Gita Rani Dhara Balika Vidyalaya.

(2.) The writ petitioners are the guardians and their wards are reading in Palaspai Anchal Gita Rani Dhara Balika Vidyalaya, Vill-Bhairabpur, P. S. Chak Hayatpur, Dist.- Hooghly (hereinafter referred to said school). According to the petitioners at present Madan Hazra (respondent No. 8) is the Administrator of the said school. Respondent No. 9, Smt. Ratna Saha is the Teacher-in- Charge of the said school and the respondent No. 10, Smt. Sadhana Das is an Assistant Teacher of the said school.

(3.) The said school has been recognised as +10 school on and from 1st May, 1992 and the respondent No. 4 i.e. the District Inspector of Schools concerned approved 12 teaching and 3 non-teaching staff w.e.f. 1st May, 1992 and both respondent Nos. 8 and 9 were amongst the said 12 teaching staff.