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
Can we take any legal action against the school for not letting my wife join.
Asked 7 years ago
W.P. 944 (W) of 2019
Sharmila Mondal and others
Vs.
State of West Bengal & others
Mr. Dibyendu Chatterjee,
Ms. Jhuma Chakraborty
… for the petitioners.
Mr. Bhaskar Prasad Vaisya,
Mr. Sagnik Chatterjee
… for the State.
Mr. Kanak Kiran Bandyopadhyay
… for the Central School
Service Commission.
Affidavit of service filed in Court today be kept with the records.
Learned Counsel appearing for the writ petitioners seeks leave to make the
West Bengal Board of Secondary Education (hereinafter referred to as the ‘Board’)
a party to the writ petition and prays for stay on the appointment of the teachers
to be made by the Board.
Such leave is granted and the learned advocate for the writ petitioners is
directed to immediately serve a copy of the corrected writ petition on the West
Bengal Board of Secondary Education in course of today.
In order to avoid multiplicity of litigations, the 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. This stay shall be valid for a period of
seven days from date.
I have noticed that sufficient court fees have not been paid in this case.
This practice of not paying court fees and filing cases needs to be discouraged
and the Registry is directed to take note of this and not allow matters to be
placed before court without sufficient court fees being paid.
Accordingly, the petitioners are directed to make payment of the entire
court fees in course of this day, in default, the interim order passed today, shall
stand vacated automatically.
Let this matter appear under the same heading at the Top of the list on
January 31, 2019.
(Shekhar B. Saraf, J.)
Asked 7 years ago