STATE OF WEST BENGAL Vs. BANIBRATA GHOSH

JUDGEMENT

(1.) Leave granted.

(2.) State of West Bengal has come up against the judgment of the Division Bench of the High Court allowing the appeal filed by the respondent No. 1 herein and directing the State to treat the respondent No. 1 as an approved Assistant Teacher of the concerned school and further to allow the respondent No. 1 to resume his duties as an approved Assistant Teacher of the concerned school immediately. The High Court has further directed the authorities to pay 50% of the back-wages for the period the said respondent was out of service. It is further ordered that the respondent would also be entitled to receive all other admissible service benefits as a duly approved Assistant Teacher of the concerned school pursuant to the order of approval. Thereby, the High Court allowed the appeal filed against the judgment of the learned Single Judge of that court who had dismissed the Writ Petition filed by the respondent No. 1. In his Writ Petition the respondent No. 1 had sought for a writ of mandamus for regularization of his appointment as a Teacher in Shimulia High School in the State of West Bengal.

(3.) The following facts would clarify the controversy.