Calcutta High Court (Appellete Side)
Anindita Dey vs The State Of West Bengal & Ors on 30 August, 2017
Author: Arijit Banerjee
Bench: Arijit Banerjee
1
12. 30.08. W.P. 22736 (W) of 2017
sd3 2017
Anindita Dey.
-Versus-
The State of West Bengal & Ors.
Mr. Ekramul Bari
Ms. Tanuja Basak ... for the Petitioner.
Mr. Molay Krishna De
Mr. Arun Kr. Saha
... for the State.
Mr. Abhijit Gangopadhyay
... for SSC.
On the undertaking of learned advocate-on-
record for the petitioner to file the affidavit-of-service in
course of the day this matter is taken up for hearing.
It appears from the same that the Headmaster
of Herobhanga Vidyasagar Vidyamandir, Jharkhali,
South 24-Parganas being the respondent no.4 (School)
has refused to accept service.
The petitioner is a teacher of Herobhanga Vidyasagar Vidyamandir, South 24 Parganas. She sought transfer on special ground. The School Service Commission issued a Memo dated 7th August, 2017 recommending the transfer of the petitioner to Jadavpur Vidyapith, Kolkata. Jadavpur Vidyapith, Kolkata issued a Memo dated 26th August, 2017 which was a letter of 2 appointment in favour of the petitioner, requesting the petitioner to join the school within fifteen days from the date of receipt of the letter. Thereafter, the petitioner wrote a letter to the Secretary/President of the school where she is now teaching for issuing Release Order/other necessary document. It is submitted by the learned advocate of the petitioner that Headmaster is not willing to issue the release order on the ground of dearth of teacher. Being aggrieved the petitioner is before this Court.
I have heard the learned counsel for the parties. Dearth of teachers in a school cannot be a ground for refusing to issue Release Order. This is well settled and if necessary one may refer to the Division Bench decision of our Court reported in (2009) 3 CHN 626 (Managing Committee, Kholapota Prankrishna Halder Girls High School & Anr. Vs. Nibedita Roy) Accordingly, I direct the President / Headmaster of Herobhanga Vidyasagar Vidyamandir, South 24 Parganas to issue release order, service book, provident fund statement updating the provident fund account and other papers in connection with the petitioner's service, in favour of the petitioner within a 3 period of five days from the date of communication of this order.
I am not unmindful of the difficulty that the school may face by reason of transfer of the petitioner. However, as per law, the school authorities cannot refuse to release her. Authorities of the school shall take immediate steps for appointment of a new teacher in Geography. For that purpose the school authority shall be at liberty to approach the School Service Commission. If so approached, the School Service Commission shall extend all co-operation to the school authorities for appointment of new teacher. The school authority shall also be at liberty to recruit a new Geography teacher in terms of the Government Circular No.1170-SE(S)/3S-47/2012 dated 23rd August, 2013. Such appointment should be made within a period of six weeks from date.
No useful purpose will be served by keeping the writ petition pending.
Since affidavit is not called for, the allegations contained in the writ petition are deemed not to have been admitted.
W.P. 22736 (W) of 2017 is, accordingly, 4 disposed of.
There will be no order as to costs.
Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( Arijit Banerjee, J. )