KAJAL GURIA Vs. S BANERJEE

JUDGEMENT

(1.) The Courts: The petitioner has alleged that the respondent has committed contempt of this Hon'ble Court by violating an order dated 8th September, 1993 disposing of a writ application being C.O. No. 19041 (W) of 1992. The petitioner had filed the writ application alleging that she had been duly appointed as an Assistant Teacher in the substantive post in Subdi Debjani Girls' High School, referred to as the school on 13th September, 1971. Her appointment was approved by the District Inspector of Schools. The petitioner was permitted to undertake B.Ed. training by the Managing Committee of the school for the session 1975-76. She completed the course but when she returned, the Headmistress of the school did not allow the petitioner to join the school. The petitioner complained about this to the District Inspector of Schools. He directed the Headmistress to allow the petitioner to perform her duties, but the Headmistress was adamant in obstructing the petitioner. The petitioner then filed a suit being Title Suit No. 35 of 1977 inter alia for a declaration that her service as an assistant teacher had not been terminated. The suit was decreed on 15th November, 1977. The attempt of the Headmistress to recall the decree was unsuccessful. No appeal has been preferred from the decree.

(2.) The petitioner however could not enter the school nor were her salaries paid. She field a money suit being M.S. No. 42 of 1980 claiming her salaries for the months of May, 1977 to April, 1980 and she was successful in obtaining a decree of Rs. 17,979/-. She has received that amount by way of execution. No further payment being made she had to file a third suit being M.S. No.7 of 1986 for a further sum. That suit was also decreed.

(3.) Despite this and despite repeated directions by the District Inspector of Schools (S.E.), Midnapore, the school authorities refused to allow the petitioner to perform her duties or to pay her salary.