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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Pampa Haldar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
PARTHA SARATHI CHATTERJEE, J.
1. The present writ petition is an offshoot of a protracted legal battle in which the petitioner and the respondents have been locked since 2016, concerning the petitioner’s engagement as a para-teacher in Geography at Muldia Chaitanyapur Desgourab Vidyamandir (hereinafter referred to as ’the said school’).
2. To address the shortage of adequate teaching staff in the school and to ensure proper education for its students, the school initiated a selection process in the year 2004 to fill certain posts of para-teachers. Possessing the requisite qualifications, the petitioner submitted her candidature for the said post and, upon successful completion of the selection process, secured the first position in the panel prepared for the post of para-teacher in Geography.
3. However, owing to certain disputes which culminated in litigation, letters of engagement could not be issued to the selected candidate. Eventually, by a letter dated 29.09.2010, the petitioner was invited to join the post upon acceptance of the offer, pursuant to which the petitioner joined the school as a para-teacher in Geography on 04.10.2010.
4. In the meantime, the School Educati
The retroactive application of circulars affecting employment engagement is impermissible without explicit legislative intent, ensuring the rights of the engaged party are preserved unless dissolved ....
The main legal point established in the judgment is that an order imposing a ban on new engagements cannot be applied retrospectively and does not affect pending selection processes.
The court confirmed that appointments must honor reservation policies, and errors by administrative authorities invalidating such appointments cannot be retrospectively rectified to the detriment of ....
The court established that the appointment of teachers under the Jharkhand Education Project Council is contingent upon verification of qualifications and approval by the competent authority, and tha....
Only recipients of awards prior to the deletion of Clause 12 in the Government Circular are entitled to advance increments, emphasizing that formal approval is required for entitlement.
The court established that the deletion of the advance increment provision in the Government Circular was valid and did not apply retrospectively to teachers not awarded before the change.
Post of Assistant Teachers in Government Middle Schools - Qualification - It is mandatory provision that 50% of total posts shall be filled-up from candidates, who has working experience as a Para Te....
The court emphasized the necessity of procedural fairness and the validity of educational qualifications when considering appointment cases.
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