• West bengal board of secondary education (WBBSE)

My wife is appointed to the post of Assistant Teacher, Physical Education (UP) in Pulinda Girls High School, Dist. Murshidabad, West Bengal and received the appointment letter on 28.01.2019 from the office of WBBSE with the instruction to join the school within 15 days. Candidates from district like Kolkata, Howrah etc. were scheduled to receive their appointment letter on 30.01.2019. Hon'ble Calcutta High Court stayed all the process relating to the appointment on 29.01.2019 based on a writ petition of waitlisted candidate.
Accordingly we went to the school on 30.01.2019 but my wife was not allowed to join citing the stay and the school authorities refused to acknowledge the same in writing.
My questions are:
1. As the 15 days joining time will expire soon and the Court is yet to remove stay what shall we do?
2. As my wife has already received appointment letter, can it be cancelled?
3. Some candidates have joined their respective school on 29.01.2019. What is their legal status?
Asked 7 years ago in Labour

4 answers received in 2 hours.

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14 Answers

Dear Client,

Become party in the writ and get direction from court for joining. If court has stayed appointment, than joining will be subject to disposal of writ. Till joining time on hold.

A L not cancelled but non operative due to court order.

Have court stayed the whole process or fresh joining from the date of stay order. After 29th no joining permitted and candidates who joined the school before stay, their joining is valid BUT if court has stayed the whole recruitment than their joining has no relevance.

What actually court`s order ? Whole process on halt or from date of stay order ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) in view of stay order passed by HC your wife cannot join as assistant teacher 

 

2) in respect of teachers who have joined their appointment would be subject to order passed by HC in writ 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) stay order is valid for period of 7 days only 

 

2) if stay order is vacated your wife can join school as assistant teacher 

 

3) keep a watch on court proceedings on next date 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Well. the order is regarding fresh appointment and not on joining of candidates who are already appointed.

2. So in other words the order of the high court does not debar the school authority to allow the candidates who are already appointed.

3 Even if out of vagueness the school authority does not do so inform the school authority in writing that your wife had already visited the place for joining and she is available for joining on any date the school authority further instructs.

4. It would be a fit case if your wife files a fresh writ petition for joining in the job. The order of stay as per available is extended till 5.2.2019.   

 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Board is directed to stay its hands from making any appointment in the field of Physical Education teachers

for the first State Level Section Test, 2016. ---- WHOLE RECRUITMENT STAYED.

WHAT HAPPEN ON 31TH JAN, STAY EXTENDED ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The writ petition has stayed the appointment of all the teachers till 31st January. The stay shall again be extended if the writ petitions are not disposed. You cannot do anything and even the college is helpless as the the matter is sub justice. Wait for the judgment of the court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1.  You may have to wait until the stay is vacated, she cannot be allowed to join during the period of operation of stay in this connection.

 

2.  There is no news about cancellation hence dont jump into such wrong conclusions.

 

3. The candidates who has joined before the passing of the said order shall remain in service until there is a specific order in that connection by court.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You cannot take any legal action against the school authorities in view of the stay order by court, you will be wasting your time in such unnecessary issues.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The order passed in the said writ petition is clear that the stay is valid only for seven days, hence you may wait for the disposal of the case which will be done very soon.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the stay is vacated then your wife can join unless there is any order restraining the same.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Sir, where is the order of 29.01.2019 you have posted order dated:31.01.2019 which specified that the stay is only for a week.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1. There is no evidence that your wife had reported for jopining to the said school. She should have sent the joining letter with a covering letter stating that her joining letter was refuised to be received by the saied school. 

 

2. Your wife is rquired to jopin within 15 days from 29.01.2019 and the stay is granted for a particular p[eriod after which it does not exist. Her appointment letter can be cancelles if she fails to join with in tyhe stipulated period and your wife has no evidence that her reporting for duty was refused to be accepted by the school.

 

3. There can not be two rules followed by the same Board. The said reporting for duty by few candidates when your wife was refused, can be challenged praying for directive to the Board to allow your wife also to join now. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. First collect evidence that she was not allowed to join. Send the copy of the joining letter with a covering letter as mentionjed in my earlier post by postv to the said school now.

 

2. Without having evidence that yourb wife had attempted to join the school within the scheduled day is required for filing any case in future.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The date of the oprder is not mentioned.

 

2. However, the stay was for 7 days only from the date of the order which has already expired by this time.

 

3. Let your wife submit her joining letter to the school now and collect evidence of her such submission of joining report. If the school refuses to accept her said joining report, she should send the same through speed post from the local post office of Pulinda.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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