In the matter of: Alolika Banerjee vs Arijit Kumar Sahoo

Applicant had filed and moved this Court by W.P. 2027 (W) of 2018 on grievance she was not being released by the school in which she is working

though she has received transfer order but thereby being prevented from joining transferee school. By order dated 5th February, 2018 her writ petition

was disposed of in terms of directions made by a Division Bench of this Court in Managing Committee, Kholapota Prankrishna Halder Girls High

School & Anr. â€"Vs-Nibedita Ray reported in 2009 (3) CHN 626, paragraphs 5-9. State was represented. Applicant was given relief of directions

made that her release order must be issued at once.

This application for contempt was moved on 7th September, 2018. On 28th September, 2018 an order was made in this contempt application, relevant

text of which is reproduced below:

“By order dated 5th February, 2018 applicant’s writ petition was disposed of directing release order, releasing her from her present post, be

issued at once so that she might join transferee school. Mr. Bhattacharya, learned advocate appears on behalf of alleged contemner and submits, his

client is President, Managing Committee of the school. The school having 68 students is being run on service rendered by applicant being sole teacher.

Teachers strength in the school stood progressively depleted on them applying for and obtaining transfer. Issuing release order to applicant would

amount to closing down the school. He submits, his client, in the circumstances, is prepared to suffer cognizance of contempt and consequences

thereof.

This Court notices Secretary School (Secondary) Education Department, Commissioner of School Education and West Bengal Central School Service

Commission were amongst party respondents in the writ petition. Registrar Appellate Side is directed to serve copy of this order on office of learned

Advocate General. Court requires assistance in dealing with this contempt application.â€​

On 5th October, 2018 learned Advocate General appeared and had submitted that hearing of this contempt application be adjourned such that steps

might be taken for purpose of, at least, rendering assistance in adjudicating and disposing of this contempt application. This contempt application was

thereafter listed on 16th November, 2018 when applicant was represented but alleged contemner was not. Today this application has been listed under

heading ‘for orders’ pursuant to direction made on 16th November, 2018. At this juncture Mr. Chatterjee, learned advocate appears on behalf

of learned Advocate General and hands up order dated 23rd August, 2013 issued by Government of West Bengal, School Education Department,

secondary branch. He submits, the school may engage retire teachers or lecturers purely on temporary basis under terms given in that order.

This order was made in August, 2013 and necessarily to address situation prevailing then. Court is not prepared to accept School Service Commission

could not complete process for recruitment of teachers in Higher Secondary Schools as pending then, thereafter. It is doubtful this can be proper

authorization for appointment purely on temporarily basis as at the present time.

At this stage Mr. Dutta, learned senior advocate, Advocate General appears and submits, he is requesting petitioner through Court to wait till ensuing

Board examinations are over for students in the school, after which she might press with this contempt application for orders being made. On query

from Court it is ascertained that adjournment order on concession cannot be made. In such situation Court adjourns hearing of this contempt

application peremptorily for it to be heard and disposed of on adjourned date.

List on 17th December, 2018 under same heading.