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Calcutta High Court (Appellete Side)

Sumitra Das vs The State Of W. B. & Ors on 2 December, 2021

Author: Abhijit Gangopadhyay

Bench: Abhijit Gangopadhyay

       02.12.
g.b.   2021                        WPA 17187 of 2021
       Ct. No.17
82
                                Sumitra Das
                                      Vs.
                               The State of W. B. & Ors.

                   Mr. Samim-ul-Bari
                               ......For the Petitioner
                   Mr. Bhaskar Prasad Vaisya
                   Mr. Ranjan Saha
                           .......For the State
                   Dr. S. K. Patra
                   Ms. Supriya Dubey
                               .....For the SSC

                         The case of the petitioner is, her service book

                   has not been sent to the present school to which she

                   has been transferred in 2016 from another school.

                   The school which has not sent the service book of the

                   petitioner is Respondent no.6 and its Administrator
and its Headmaster are Respondent Nos. 7 and 8

respectively. Today a document in original of the present school of the petitioner, (who is a physically challenged person which is also found by this court as the petitioner is present in court today) has been produced before this court wherefrom it appears that the Headmaster of the present school of the petitioner has written to her on 29.11.2021 intimating that she has not submitted her service book to the office of the school.

Learned advocate for the petitioner further submits that she has reason to believe that the previous school of the petitioner has not prepared and completed the service book of the petitioner. 2 However, I find a letter (at page 81 of the writ application) wherefrom it appears that the Headmaster of the earlier school sent a duplicate service book to the District Inspector of Schools on or about 16th August, 2021 and in the said letter it is recorded that the original service book was forwarded to home address of the petitioner by registered post on 24.07.2018.

Considering the facts and circumstances of the case, this matter has been taken up out of turn on the basis of the urgency as the present school has intimated the petitioner that without the service book, her service record could not be kept properly.

In such circumstances, I direct the learned advocate appearing for the State to take instruction as to the receipt of the duplicate service book and also I direct the Respondent nos. 7 and 8 to intimate this court through any learned advocate about the original service book of the petitioner on the adjourned date.

The matter is adjourned till 16th December, 2021.

Learned advocate for the petitioner is directed to serve a copy of this order upon the previous school of the petitioner.

List the matter on 16th December, 2021.

(Abhijit Gangopadhyay, J.) 3