SANGITA MOITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The case of the petitioner in brief is that she was appointed as primary teacher in Ahiritola Banga Bidyalaya for Girls (Primary section) on 1.1.93 and has been functioning as such continuously since that date.

(2.) It is stated that there are two approved primary teachers in the said school including the teacher-in-charge who will be retiring on superannuation on 31st July, 2000. Thereafter, there will be only one approved teacher in the said school for total number of 115 students in IV Class unit which will be inadequate according to the present roll strength of the said school. The teacher-in-charge, it is further stated, has recommended, the regularization of the petitioner in the said school and as no action has been taken thereon, the instant writ application has been filed inter alia, for issue of a writ commanding the respondents to accord approval of the service of the petitioner as primary teacher and to pay her salary month by month as also the arrears since the date of her appointment.

(3.) Mr. S.B. Mukherjee appearing along with Mr. B.B. Biswas, learned Advocates for the writ petitioner submitted that by virtue of 7/8 years continuous service, the petitioner is entitled to be approved in the said post. Reliance has been placed on the following judgments of the Supreme Court in support of the aforesaid contentions. (1) AIR 1999 SC 1624, (2) 1998(9) SCC 71, (3) AIR 1999 SC 1160, (4) AIR 1998 SC 2247, (5) 1994(5) SCC 304. Reliance has also been placed upon the judgments of the single Judge of this High Court reported in (1) 2000(2) CLT (HC) 231, (2) 2000(2)CLJ 238 and to unreported judgment dated 3rd May, 2000 in C.R. No. 4020(W) of 1990.