The withdrawal of engagement must follow the proper procedure as outlined in the relevant government order, and the principle of res-judicata applies to writ petitions.

JUDGMENT

Rabindranath Samanta, J. - This appeal has been preferred by the appellant Smt. Barnali Purkait (Mondal) against the order dated 13.08.2021 passed by a learned Single Judge in W.P.a. 6378 of 2016.

2. The appellant was engaged as Sahayika of Ramchandrapur Sishu Shiksha Kendra, village-Ramchandrapur, District- South 24 Parganas on 15.03.2010. By a memo dated 04.01.2011 the Block Development Officer, Mathurapur-I informed the Secretary and Mukhyasahayika of the said Sishu Siksha Kendra that approval of engagement of the appellant as Sahayika stood withdrawn. By an another memo dated 04.01.2012 the Executive Officer, Mathurapur-I, Panchayat Samiti directed the Secretary, Ramchandrapur Sishu Shiksha Kendra to desist the appellant from doing any institutional work of the Siksha Kendra and restrain her from signing in daily attendance register. In the writ petition the appellant, inter alia, sought for the following reliefs:

'a) a writ or writs in the nature of Mandamus commanding the respondents, their men, agents, assigns, successors-in-office, representative and each of them to set aside the purported orders dated 04.01.2011 and 04.01.2012 passed by the Executive Officer, Mathurapur- I Block, District South 24- Parganas by taking into consideration that he has not power/authority to pass such orders after coming into force of the circular dated 23.04.2010 forthwith.

b) a writ or writs in the nature of Mandamus commanding the respondents, their men, agents, assigns, successors-in-office, representative and each of them to allow the petitioner to continue her services as Sahayika of Ramchandrapur Shishu Shiksha Kendra, P.O. Imaddipur, District: South 24-Parganas until she attains the age of sixty years in view of the present Govt. Circulars as well as law laid down by this Hon'ble High Court and to pay the monthly and arrear honorarium along with interest on monthly and arrear honorarium @ 18% per annum from the date of entitlement till such payment forthwith.'

3. By the order impugned the writ petition filed by the appellant has been dismissed.

4. The seminal question involved in this appeal for our consideration is as to whether the orders dated 04.01.2011 and 04.01.2012 passed by the respondent no. 4, the Executive Officer/Block Development Officer, Mathurapur-I, Panchayat Samiti are sustainable in law.

5. Shorn of details, the facts which are necessary for adjudication may be stated as under:

In the academic session of 2010-2011 more than 120 learners were admitted in Ramchandrapur Sishu Shiksha Kendra and as such another sahayika was required for the Kendra. For the purpose of engagement of a sahayika the school authority made an advertisement for calling the eligible candidates. The appellant having requisite qualifications applied for the post. On 31.10.2009 she appeared before the Selection Board. Ultimately, the Selection Board prepared the panel and submitted the panel to the Managing Committee of the said Sishu Shiksha Kendra for its approval. The appellant stood first in the said test and her name was empanelled as candidate no. 1. Thereafter, the managing committee forwarded the panel to the concerned gram panchayat. The gram panchayat, in turn, forwarded the panel to Sikhsha Sthayee Samiti for approval and the Samiti approved the panel vide resolution dated 09.02.2010. after the panel was approved by Sikhsha Sthayee Samiti, the concerned Block Development Officer vide Memo. dated 05.03.2010 issued engagement letter to the appellant and she was accordingly engaged as Sahayika of the said Shiksha Kendra on 15.03.2010. Since her engagement the appellant had been discharging her duties. But, despite discharging her duties, she was not given the monthly honorarium which was admissible to her. Finding no other alternative the appellant filed a writ petition being W.P no. 23474(W) of 2014 in this Court seeking disbursement of her honorarium. Disposing of the writ petition a learned Single Judge directed the authority concern