KAR GUPTA, J.

(1) This appeal is directed against the judgment and order dated April 2,1991 passed in C. O. No. 6150(W) of 1991.

(2) By the aforesaid judgment the order dated September 14, 1990 passed by the Managing Committee of the appellant No.1 was set aside and the appellants were directed to reinstate the respondent No.1 paying her all arrear salaries and other service benefits.

(3) Bangabani Institution for Girls, the appellant No.1, was a Government Sponsored Girls High School (hereinafter referred to as the said school) and the said school was affiliated to the West Bengal Board of Secondary Education having a Special Constitution. The said school was getting financial aid from the State Government to the extent of 95%.

(4) The respondent No.1/writ petitioner was appointed in the said school on the basis of the letter of appointment dated February 1, 1980 as an Assistant Teacher in science group against a permanent vacancy in the scale of pay and usual allowances as admissible under the Rules of DPI, West Bengal. Her service was confirmed in the said post on completion of two years continuous satisfactory service.

(5) The respondent No.1 was on maternity leave with pay from the month of June 1986 to September 1986. Thereafter, the respondent No.1 took medical leave.

(6) After joining her duty, the respondent No.1 was requested by the Headmistress of the said school to stay at Nabadwip instead of Krishnagar. Subsequently, the respondent No.1 received a show-cause notice dated November 9, 1987 from the authority of the said school for attending the said school from Krishnagar instead of staying at Nabadwip. By a notice dated March 4,1988, the respondent No.1 was further asked to explain in writing as to why she had not submitted the undertaking within February 20, 1988. In reply the respondent No.1 requested the Headmistress of the said school on March 5, 1988 to inform her the subject-matter of the undertaking.

(7) By a communication dated March 7, 1998 the Headmistress of the said school informed the respondent No.1 that she would not be allowed to join her duties in the said school until and unless the cause of non-furnishing of reply would be shown. The respondent No.1 submitted a representation dated March 16, 1988 to the Headmistress of the said school with request to allow her to resume duties. The above representation was followed by a further representation dated March 28, 1988. Since the respondent No.1 was not allowed to resume her duties, she submitted a representation dated March 30, 1988 to the president of Managing Committee of the said school to intervene in the matter. But respondent No.1 was restrained from resuming duties. She filed a suit bearing T.S. No.46 of 1988 for a declaration that she was still continuing as Assistant Teacher of the said school. Initially the Court granted an interim order. But subsequently that was vacated by an order dated August 21, 1988.

(8) Against the order of vacating injunction an appeal being Misc. Appeal No.35 of 1988 was filed before the learned District Judge, Nadia. The order of vacating the interim injunction was stayed by the First Appellate Court by order dated August 31, 1989.

(9) Against the above order the appellants filed a fevisional application before this Court and this Court passed an order remanding the case back to the appellate Court.

(10) On November 3, 1989 the above appeal was disposed of in terms of the undertaking to the effect that (i) she would follow the leave rules of the said school, (ii) she would follow and obey the resolution of the Managing Committee as per rules, (iii) in the event of violating any rules, the Managing Committee of the said school would take action against the respondent No.1.

(11) Subsequently, by a communication dated May 19, 1990 the authority of the said school informed the respondent No. 1 that until and unless the document relating to withdrawal of Case No.46, 1988 as also documents in support of her sta