LAKSHMI MUKHERJEE (GOSWAMI) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed challenging a Resolution of the Managing Committee held on 16th July, 2011 under meeting No.258 and the letter No.954 dated 23rd August, 2011 issued by the Secretary of Tinna Ilampur Panchanan Smriti Vidyamandir, P.O. Tinna (Pandua) district Hooghly, whereby the managing Committee of the said school accepted the petitioner's letter to allow her voluntary retirement made on 16th July, 2011 from the post of Assistant Teacher of the said school. Briefly, the petitioner's case is that the petitioner joined the school as an Assistant Teacher in Bengali in 1989 and her appointment was also approved in the same year. The petitioner served the school for about 22 years. In 2004 the petitioner lost her only son who went abroad to pursue his degree, suddenly expired at an early age. In such a disappointed condition of mind, the petitioner became irritant and at times she thought of leaving the job for medical reason also because she was suffering from high blood pressure and other ailments. The petitioner wrote a letter on 16th July, 2011 addressing it to the Secretary, Tinna Ilampur Panchanan Smriti Vidyamandir, P.O. Tinna (Pandua) district Hooghly, to take voluntary retirement from service allegedly under the provocation of some colleagues. By such letter she requested the school authority to accept her prayer for voluntary retirement and after compliance of all formalities the school authority should proceed for submitting necessary papers for pension of the petitioner. She again wrote letters on 23rd July, 2011 addressing it to the Secretary and Headmaster of the school requesting for acceptance of her request for voluntary retirement.

(2.) Subsequently, by a letter dated 25th July, 2011 addressing it to the Secretary of the Managing Committee of the school the petitioner intimated that she intended to withdraw her earlier letters requesting for voluntary retirement. She has explained the circumstances under which she tendered the said letter for voluntary retirement.

(3.) She stated that in 2004 her only son who was pursuing his medical study abroad, expired at an early age. She has also stated that on 14th and 15th July, 2011 she had a high blood pressure which prevented her to be present in the school and all of a sudden she wrote the said letter on 16th July, 2011 followed by another letter dated 23rd July, 2011 praying for voluntary retirement. Ultimately, the petitioner made an application to the District Inspector of Schools on 9th August, 2011 and made a detailed representation about the unfortunate tendering of her letter praying for voluntary retirement before the Secretary of the Managing Committee. She stated that on 25th July, 2011 she withdrew her letters by which she prayed for voluntary retirement. On and from 26th July, 2011 to 6th August, 2011 she attended the school and took classes. On 26th July, 2011 she signed the attendance register but on and from 27th July, 2011 to 6th August, 2011 she was not allowed to sign the attendance register. She, accordingly, requested the District Inspector of Schools to see that the petitioner should be able to resume her classes in the school and she should be allowed to sign the attendance register. The petitioner also wrote another letter on 11th August, 2011 addressing it to the District Inspector of Schools and complained against the school Management.