We are resident of West Bengal. During the recruitment for Assistant Teacher (Physical Education) appointment letters were scheduled to be issued on 28.01.2019 and 30.01.2019. Calcutta High Court stayed the process of appointment on 29.01.2019 (WP no. 944(W) of 2019). My wife received her appointment letter on 28.01.2019 with the instruction to join the school within 15 days. She was also handed over the copies of appointment letter meant for HM/ TIC and President/ Secretary, Managing Committee/ Adminstrator of the school. Accordingly, she went to the school on 30.01.2019 for joining but was not allowed to join citing the stay order dated 29.01.2019. The copies of appointment letter meant for for HM/ TIC and President/ Secretary, Managing Committee/ Adminstrator of Pulinda Girls High School (HS) were retained by the school. She wrote a letter to the The President, West Bengal Board of Secondary Education i.e. the appointing authority informing the same vide her letter dated 07.02.2019 informing the same (within 15 days of receiving of appointment letter). After that various letters and emails were written to the Board. Various candidates have joined on or after 30.01.2019 and their service has been approved by the concerned District Inspector of Schools (SE) from which is evident that the stay was not for the candidates who have received their appointment letters on 28.01.2019. My wife also wrote a letter to the headmistress of the school (with copy to the appointing authority and school education department etc.) stating “Madam I am ready to join to the post of Assistant Teacher, Physical Education (UP) in your school i.e. XYZ and available for joining on any date the school authority further instructs.” She is yet to join her service after more than 10 months. 1. What legal measures can we take so as to ensure her joining from the date of her reporting i.e. 30.01.2019? 2. Can we ask for compensation for the mental and financial harassment?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
You can file a writ. Call for records of appointment after the stay order and seek to declare all such appointment as illegal.
Go through the writ order of the high court. If stay has been issued, you can not claim your appointment on the ground that others have been appointed flouting the court stay order. Your such claim will not be entertained by the court.
You can add a prayer for necessary justice on the basis of equity and natural justice.
Please see the impugned order of High Court in this regard and in case you are not covered in the order and even after the approach to joining De department you have to approach to High Court to get order in this direction so that the department will be able to let you join the service in case part of the other is misconceived then the direction by the high court will help you to get the answer in this regard for this purpose you need to find out and advocate who can file writ petition in High Court and your behalf.
It is necessary to peruse stay order passed by HC to advice
2) she can file writ in HC to direct authorities to permit her to join school as per appointment letter issued in her favour
3) in alternative file intervenor application in writ filed in HC
File writ in Hc, cite other candidates cases, who were given joining and your candidature put on hold without assigning further reason or direction.
Pray for direction to grant appointment on notional basis i.e. your appoint for seniority purpose will count from feb 2019.
You need to Challenge the same in tribunal governing the said issue in West Bengal or only writ petition will be maintainable.
1. She can file a petition before the high court where the writ petition is pending to implead herself as a party to the petition and seek the remedy of vacating the stay and direct the authorities to permit her to join the duty as per the appointment letter.
2. No, she is not entitled for any compensation because this is a court order.
Any such application may be viewed seriously and even may be considered as contempt of court.
Your wife should file another writ petition against government and school authorities for not giving her joining letter whereas other candidates to whom the letter was issued on 28.01.19 have joined there job on respective schools of appointment.
Yes you can ask for compensation and harassment suffered by you till date.
Hello,
File a writ in the High Court citing cases where other candidates join the service on the basis of the appointment letter issued on that date.
Regards
she can file a writ in High Court to permit her to join her job as per appointment letter.
