HEADMASTER, BHOTEBARI SITANATH HIGH SCHOOL Vs. MAPITA SAMADDAR

JUDGEMENT

(1.) This writ appeal, at the instance of the Headmaster, Bhotebari Sitanath High School, P.O. Bhotebari, P.S. Mekhliganj, District Cooch Behar (hereafter the said school), its Secretary and the said school itself (hereafter the appellants), registers a challenge to the judgment and order dated July 20, 2016 passed by a learned judge of this Court, whereby a writ petition [W.P. 12228(W) of 2016] presented by the respondent no.1 (hereafter the writ petitioner) was allowed.

(2.) Bearing in mind an objection raised by Mr. Ray, learned advocate for the writ petitioner, to the locus standi of the appellants to carry the judgment and order dated July 20, 2016 in appeal, a brief recital of the facts leading to invocation of the extraordinary writ jurisdiction of this Court by her (as discerned from the writ petition itself) would be in order.

(3.) Based on the recommendation of the West Bengal School Service Commission (Northern Region) (hereafter the Regional Commission), the writ petitioner was offered appointment as an assistant teacher in Social Science in the said school vide letter dated July 21, 2011 of its Secretary. She joined on July 27, 2011. Soon thereafter, her service was approved by the District Inspector of Schools (S.E.), Cooch Behar (hereafter the DIoS) on Sept. 5, 2011. While discharging duty as an assistant teacher, the writ petitioner on medical ground applied for leave on March 9, 2012. On April 5, 2012, she applied for maternity leave. Then she applied for grant of extra-ordinary leave without pay. This was followed by an application for special leave in exceptional circumstances before the West Bengal Board of Secondary Education, received by it on Sept. 5, 2014. In between, the writ petitioner addressed identical letters dated July 22, 2014 to the Honourable Minister-in-Charge, School Education Department, Government of West Bengal and the Chairman, West Bengal Central School Service Commission (hereafter the Central Commission) seeking transfer to any school in the district of North 24-Parganas citing ill-health of both herself as well as her twenty-two months' old son, and also because her husband was transferred from Cooch Behar to Durgapur in the district of Burdwan. By a further letter dated Sept. 8, 2014, she sought to bring such fact to the notice and knowledge of the Headmaster and the Secretary of the said school. Since the writ petitioner had sought for transfer, she applied before the Headmaster of the school for 'no objection' on Aug. 3, 2015. However, no action to ameliorate the grievance of the writ petitioner was forthcoming and this compelled her to resume duty in the said school on Oct. 16, 2015. The Headmaster duly allowed her to join. At last, fortune smiled on the writ petitioner and her attempt to have a transfer yielded result. The Assistant Secretary to the Government of West Bengal, School Education Department (hereafter the assistant secretary) by his memo dated March 2, 2016 conveyed to the Chairman of the Central Commission that he was under direction to recommend the prayer of the writ petitioner for transfer on special ground in terms of the West Bengal School Service Commission (General Transfer, Transfer on Special Ground and Reallocation) Rules, 2015 (hereafter the Transfer Rules) from the said school to a school preferred by her or a school near to her residence. Receiving such memo, steps were initiated to ascertain vacancy status to accommodate the writ petitioner and ultimately, the Chairman of the Central Commission by his letter dated May 18, 2016 recommended her for appointment on transfer at Sreenagar High School, P.O. & P.S. Habra, District 24 Parganas North (hereafter 'SHS'). The Secretary of SHS offered her appointment vide letter dated June 8, 2016. Armed with the said recommendation and the appointment letter, the writ petitioner approached the Secretary of the said school by submitting a representation dated June 15, 2016 seeking a formal release order to enable her join as an assistant teacher in SHS. A letter dated June 20, 2016 was also written by the writ petitioner to the DIoS complaining of inaction of the said school to issue release order and prayed for direction so that the release order may be issued soon. Neither the DIoS nor the authorities of the said school came to rescue the writ petitioner leaving her with no other option but to seek legal remedy.