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IN THE HIGH COURT AT CALCUTTA
BIVAS PATTANAYAK
Gobinda Guria – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
Bivas Pattanayak, J.
1. By the present writ petition, the petitioner seeks direction upon respondent authorities for renewal of his service as Para Teacher at Chandpur Upendra Nath High School (H.S.), Village-Chandpur, Post Office-Balichaturi, Police Station-Shyampur, District-Howrah and arrears of wages.
2. The fact of the case is as follows :
i. The writ petitioner participated in the selection process for appointment to the post of Additional Para-Teacher and upon being successful in the selection process he was appointed as an Additional Para Teacher at Chandpur Upendra Nath High School (H.S.) (in short, 'the School') in June, 2007.
ii. While the petitioner was serving as a Para Teacher in the said School, a complaint was lodged on 4th July, 2007 against him by one Madhumita Mondal alleging that the petitioner had behaved in an indecent manner with her. On the basis of such complaint, the Managing Committee of the School discharged the petitioner from the post of Additional Para Teacher by adopting a resolution on that date itself i.e. 4th July, 2007.
iii. The said resolution of the Managing Committee of the School was challenged by the petitioner by writ petition being WP
Termination of PTA teacher's engagement without show cause notice, defying prior grant-in-aid directions, is arbitrary, violates natural justice and Article 14; mandates quashing and retrospective re....
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 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 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.
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