JUDGMENT :

HARISH TANDON, J.

1. The stale claim is sought to be resurrected by approaching the Court seeking reliefs which was denied more than a decade before. The appellant filed a writ petition for sanction/release of the pensionary benefit treating her regular/qualified service from 01.01.1974 to 11.02.1984 as headmistress of Panchagram Satsangha Balika Vidyapith, Patashpur, Purba Medinipur. According to the appellant, she was approved as a headmistress of the said school with effect from 01.01.1974 and rendered services in such capacity till 30th October, 1984. It is further averred in the petition that the dispute was raised between the appellant and other teaching and non- teaching staff and the administration of the school and she was thrown out of the school on 31^st October, 1984 at 1.50 pm and thereafter was prevented to function and discharged her duties. The representation was made on 24.01.1995 before the Board of Secondary Education for reinstatement in service and also the arrear salary. Subsequently, a writ petition was filed in the year 1997 being WP 985 of 1997 which was disposed of on 28.07.1997 in the following:

“The courts the President, West Bengal Board of Secondary Education is directed to consider the representation of the petitioner dated 24thJanuary, 1995 which is Annexure.

The writ petition and dispose of the same in accordance with law by passing a speaking order after giving an opportunity of hearing to the writ petitioner, the school authorities, D.I. of Schools, S.E. Midnapore, or his representative on their parties which he may consider necessary in accordance with law in 18 weeks from the date of communication of this order. President, West Bengal Board of Secondary Education is also directed to make an enquiry in the matter as may be considered the necessary by him.

The writ petition stands disposed of accordingly.

All parties are to act on signed copy of this dictated order of the usual undertaking.”

2. Though the order was passed on July 28, 1997 but a decision was taken by the authorities on 27.6.1998 rejecting the prayer of the appellant for reinstatement and payment of arrear of salaries and as she was absent from more than 13 years. The said order was challenged in WP 1762 of 2002 but the appellant could not pursue the same as it was dismissed for default on 18^th March, 2014.There was a complete silence on the part of the appellant in communicating the same which was communicated on 27.06.1998 nearly one year after the said order. The petitioner remained silent after the said representation and filed a writ petition being WP 1762 of 2002 for an appropriate relief but did not pursue the same as it was dismissed for default on 18^th March, 2014.

3. The conduct of the appellant would further reveal that no steps were taken immediately after the dismissal of the said writ petition and after a gap of 8 years a representation was made on 17.4.2022 for disbursement of the pensionary benefit. In the said representation there is no reflection of filing a writ petition being WP 1762 of 2002 and its dismissal for default on 18^th March, 2014. Since the said representation was not addressed by the authority the writ petition being WPA 8594 of 2022 is filed by the appellant which is dismissed by the Single Bench as the petitioner is not entitled to any reliefs.

4. The order impugned would reveal that the submission was advanced on behalf of the respondent/authorities and the school that the appellant was appointed temporarily and the long absence has been treated as a deemed resignation from temporary service. The Single Bench further observed that the earlier writ petition filed by the appellant was dismissed for default and no steps were taken for restoration thereof; the petitioner is not entitled to any relief.

5. The Counsel for the appellant contends that the provision relating to a deemed resignation contained in the management of recognized non- government Institutions (aided and un-aided Rules, 1969) i