SANTI CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court: An order of dismissal dated 29th September, 2001 of the petitioner as a class-IV employee of DumDum Vidya Mandir Coeducation High School, at 4 Mordecai Lane. Calcutta - 700 074. is essentially under challenge in this writ application. The said order of dismissal, needless to mention, was approved by the Board under the provisions of sub-rule 8 of Rule 28 of the Rules for Management of recognised Non-Government Institutions (Aided and Unaided), 1969. The word "Board", needless to mention again, means the West Bengal Board of Secondary Education established and/or constituted under the provisions of the West Bengal Board of Secondary Education Act, 1963. A writ in the nature of mandamus has also been sought for by the petitioner for compelling the school authority to allow the petitioner to join as a regular class-IV employee a metron of the said school and for payment of her salary "month by month".

(2.) The present petition is. in fact, the 4th writ petition by which the above order of dismissal of the petitioner has been challenged and before moving this writ petition the petitioner had to invoke the writ jurisdiction of this Court on three more occasions and chronologically, therefore, the present is the 4th writ petition moved by the petitioner.

(3.) The first of such writ application. C.O. No. 2826(W) of 1991 was disposed of by the Hon'ble Single Judge (late Justice Mohitosh Mazumdar) on 14.2.1991 whereby, (as detailed later) the concerned respondent was directed to pass a final order after due compliance of Sub-rule 8 of Rule 28 of 1969 Rules. The petitioner was also given liberty to challenge such order "before the Appellate authority under the relevant provisions". The second writ application C.O. No. 5199(W) of 1992 however, it appears, was dismissed summarily on 27 May 1992 by the Hon'ble single Judge (late Justice K.M. Yusuf). The third writ application was moved by the writ petitioner challenging an earlier order of termination of the petitioner as metran of the said school and seeking other reliefs. The petitioner, in fact, succeeded in the said third writ application both before the learned single Judge and also before the Appeal Court to which I shall refer in a little detail as the said third writ proceeding and the orders passed therein have the most material bearing upon the merits of the present writ application and as such those are of vital importance.