Calcutta High Court (Appellete Side)
25 Smt. Bani Saha vs Central Board Of Secondary Education & ... on 22 November, 2018
Author: Arijit Banerjee
Bench: Arijit Banerjee
1
21 22.11 W.P. 22658 (W) of 2018
AGM 2018
Ct.No
25 Smt. Bani Saha
Versus
Central Board of Secondary Education & Ors
Mr. Kamalesh Bhattacharya, Sr. Adv.
Mr. Aninda Bhattacharya,
... For the Petitioner.
Mr. Partha Bhanja Chowdhury,
Mr. Kaustav Chatterjee,
... For the Respondent No. 2.
Mr. Prosun Datta, Mr. S. Deb Roy, ... For the Respondent No. 3.
Affidavit-of-service filed in court today be kept on record.
Pursuant to disciplinary proceedings held against the petitioner, her service has been terminated. The termination and the entire disciplinary proceeding is under challenge in the present writ petition.
On 10th September, 2018 by a letter, the respondent school has called upon the petitioner to collect three month's salary in advance, i.e. for the months of September, October and November 2018.
The petitioner shall be at liberty to collect such salary without prejudice to her rights and contentions in this writ petition. The respondent school shall release such salary in favour of the petitioner at the earliest. 2 Mr. Bhanja Chowdhury, learned counsel, appearing for the school authorities, raises the point of maintainability of the writ petition since the school in question is a private un-aided school and also on the ground that the relationship between the school and the petitioner is governed by a private contract of employment. The question of maintainability is left open to be decided at the time of final hearing of the writ petition.
Let affidavits be exchanged.
Let affidavit-in-opposition be filed by 9th January, 2019. Reply, if any, be filed by 16th January, 2019.
List the matter under the heading "Hearing" on 17th January, 2019 before the appropriate Bench.
(Arijit Banerjee, J.)