Calcutta High Court (Appellete Side)
Lakshmi Kundu (Das) vs The State Of West Bengal & Ors on 10 June, 2013
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
013
172.
WP 15976 (W) of 2013
Lakshmi Kundu (Das)
Vs.
The State of West Bengal & Ors.
Mr. Tapabrata Chakraborty
Mr. Saktipada Jana
......For the Petitioner.
Mr. Rajendra Chaturvedi
....For the State.
Let affidavit of service filed in Court today be taken on record.
This writ application is filed by the petitioner assailing an order
passed by the respondent no. 3 under his Memo No. 527/2(7)/Law, dated
April 12, 2002. By virtue of the impugned order, the appointment of the petitioner to the post of an Assistant Teacher in Work Education and Physical Education of Khanna High School for Girls, District‐Kolkata was approved with effect from February 26, 2001 at a pay scale of Rs.4650‐ 10,175/‐ subject to enhancement of her qualification by obtaining full course physical education training within five years. The petitioner did not get admission in any training institute due to overage. The matter was considered by the respondent no. 2 and the issue with regard to the incremental benefit was decided by him by an order dated May 12, 2011. 2 According to the petitioner, the approval of her appointment was given with effect from April 01, 1985, i.e. the date of appointment of the petitioner in the school under reference. According to the petitioner, she was waiting for the decision of the respondent no. 2. As a result, there was delay in challenging the impugned order with regard to the ground mentioned hereinabove.
Mr. Tapabrata Chakraborty, learned counsel appearing on behalf of the petitioner prays for a direction upon the respondent authority to extend the notional benefit of her appointment with effect from April 01, 1985. In view of the above, I direct the respondent no. 2 to take a decision in the above matter by passing a reasoned order in accordance with law within two months from the date of communication of this order after giving an opportunity of hearing to the petitioner and to communicate the above decision to the petitioner within two weeks thereafter. With the aforesaid direction, this writ application is disposed of. There will, however, no order as to costs.
Urgent photostat certified copies of this order, if applied for, be given to the parties on priority basis.
(Debasish Kar Gupta, J.) 3 4 5 6 7