JUTHIKA BISWAS Vs. STATE

JUDGEMENT

(1.) An order of the Director of the School Education, West Bengal, dated 16th October, 2001, is essentially under challenge in this writ application. The said order according to the writ petitioner should be set aside and the writ petitioner; should be given "pay protection" in her favour as sought for by the writ petitioner herself.

(2.) Needless to mention, in the above order the Director of School Education concerned (in short Director) simply said that the question of pay protection in favour of the writ petitioner, an Assistant Teacher of the United Missionary Girls' High School (Primary Section), Calcutta did not arise.

(3.) The learned Counsel Mr. Subir Sanyal appearing on behalf of the will petitioner submitted at the hearing that the order of rejection of the Director gave rise to the most fundamental question whether the petitioner was entitled to pay protection of Rs. 50/- with consequential service benefits on the writ petitioner's subsequent appointment to the post of assistant teacher from the post of a clerk of the same institution and secondly whether the period of service of the petitioner as clerk should be taken into account for computation of the period of service of the petitioner for determining the petitioner's entitlement to pensionary benefits on her retirement from the post of assistant teacher of the institution.