SILPA BANDYOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is aggrieved due to the impugned Memorandum dated August 31, 2015, issued by the Principal Secretary to the Government of West Bengal. The writ petitioner is also aggrieved of the letter dated October 7, 2015, issued to her by the Secretary, West Bengal Board of Madrasah Education/ respondent No.6 and the purported endorsement dated December 2, 2015, made in her service book by the said respondent No.6, that is, the Secretary, West Bengal Board of Madrasah Education. Hence this writ petition. In the same the writ petitioner has also challenged the legality and propriety of the Memorandum dated October 13, 2015, on the ground that the same has promulgated a provision, detrimental to her rights of fair and equal treatment and subversive to the rights enshrined in Article 14 of the Constitution of India.

(2.) For benefit of discussion, let the background facts be stated here, in a nutshell. The petitioner has been working as the upper division clerk, in the West Bengal Board of Madrasah Education/respondent No.5. Her initial temporary appointment was on and from February 1, 2006. She was confirmed in service with effect from February 1, 2009. November 1, 2009, is the date of her promotion to the present post. Since then, she has been serving continuously and uninterruptedly in the said post.

(3.) There has been a notification issued by the Government of West Bengal, Finance Department, that is, dated March 6, 2012. The same was relating to the Government's decision not to grant leave on a stipulated date, which was to be observed as a day of strike by any political party and in case of absence of any person on the same date, to seek an explanation from such absentee employee. However, the following exceptions were also carved out in the said notification: