ANINDITA MAITY (MITRA) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Writ petitioner joined Deshapran Mahavidyalaya (represented by respondent No. 6 and 7) to the post of contractual lecturer in Sanskrit, purely on temporary basis in consideration of Rs.100.00 for each lecture with a provision on further renewal. Engagement of petitioner was renewed time to time. She gave birth a child in the month of September 2016 and apply for child care leave from 6/8/2016 to 30/11/2016. The said leave was approved, later it was extended till 30/1/2017. It is the further case of the petitioner that she had to proceed out of State for the treatment of her child. Thereafter petitioner expressed her desire to joined service vide letter dtd. 11/12/2019. but the College Authority denied the petitioner to join the service by citing reasons that the Managing Committee has already taken a decision for termination of her services.

(2.) Hence this writ challenging decision of college authority.

(3.) It is the submission of Learned Counsel for the petitioner that child care leave was extended up to 30/1/2017. Thereafter the leave was not cancelled automatically by further extended. He submits that the Governing Body has adopted a decision on July 2017 referring not renewal of the service of the petitioner, that tantamount till July, 2017 her service was in existence. He submits that the decision of the authority was not intimated or communicated to the petitioner. Uncommunicated resolution cannot be acted upon the petitioner. The petitioner was always ready to join. It is the argument on behalf of the petitioner that before termination of the service petitioner must have given reasonable opportunity of being heard. Learned Counsel for the petitioner referred the decision of Menaka Gandhi Vs. Union of India AIR 1978 SC 597 and argued that the Hon'ble Supreme Court held that principal of natural justice include proper communication of decisions that affect individuals. Noncommunication of the approval of child care leave deprived the petitioner of an opportunity to seek an extension or clarify her employment suggest thus violating her rights.