JUDGMENT :

RAI CHATTOPADHYAY, J.

1. The present writ petition is to challenge letters of the Deputy Secretary, West Bengal Council of Higher Secondary Education [hereinafter referred to as “Council”], dated November 19, 2012, addressed to the Head of the Institution of the respondent school and concerning the writ petitioner and the letter of the Secretary of the respondent school to her dated October 13, 2015. The letter dated November 19, 2012 is written on the subject matter regarding non-cooperation of teachers in evaluation of written answer scripts, with the allegation that the petitioner has failed to cooperate with the Council regarding evaluation of the answer scripts of Higher Secondary Examinations 2012, as allegedly she has refrained from performing the duties of evaluation of written answer scripts, in spite of being duly informed.

2. The said letter also speaks about the related provision in the government notification, alleged violation of the same by the petitioner and imposition of consequent punitive measures in terms of the government notification against her, in the following words:

“As you know that evaluation of written scripts has been declared obligatory and compulsory for all teaching staff as amendment No.2009-SE (S) dated 3^rd November 2000 of section 37 of the related Act which was published in the Calcutta Gazettee on 14^th November 2000 and if it is violated, the yearly increment of the concerned teaching staff shall be stopped for one to three years [vide section 28, sub-section 8(a) of the aforesaid rules.

Hence, undersigned is directed to inform you that the Managing Committee/Administrator of the school shall take appropriate action as per said rule against the following teacher(s) and inform the undersigned within 15 days from the date of receipt of this letter as what steps have been taken.”

3. The writ petitioner is an assistant teacher in the respondent school being appointed since September 3, 2010. She has replied to the impugned letter, vide her letter dated December 11, 2012, stating inter alia that during the relevant period, that is in and around end of March, 2012, she has been suffering from 'Gastritis' and has been undergoing treatment. That she has been advised by her doctor to take rest for which reason it was not possible for her to complete evaluation of the answer scripts, within the time schedule. She writes that from April 3, 2012 to April 19, 2012, she has been under medical leave. She has stated there further that such facts had been reported to the Head Examiner through an application and corroborating medical documents, with the request to be exempted for the year 2012. She has stated that her prayer as above was duly considered by the Head Examiner. With her letter as above, the petitioner has enclosed necessary documents like medical certificates, Head Examiner's certificate etc. and copy thereof has also been forwarded to the Council.

4. It was a tranquil period since thereafter, till the month of October, 2015. In October 2015, the petitioner received less salary for the month of September 2015, than usual and thus being aggrieved she writes to the Teacher-in- Charge vide her letter dated October 5, 2015. She protested that her net salary was curtailed from Rs.31,494/- to Rs.28,561/-, for the month of September 2015. She has made the said respondent authority informed that up to the Month of August 2015, she has been granted salary to the tune of Rs.31,494/-. she has protested such sudden, unnotified and abrupt curtailment of salary, in her said letter.

5. The letter of the Secretary dated October 13, 2015, followed thereafter as if being a follow up action by the respondent school, of the letter dated November 19, 2012, by the Council. The subject matter thereof is with regard to curtailment of the net salary of the petitioner, for the month of September, 2015 and the Secretary of the school writes as follows:

“With reference to the above, this is to inform you that you are s