SUDHANSU SEKHAR BAIDYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The case of the petitioner is that he was appointed as a Class IV staff in Manmathapur High School. The service of the petitioner was approved on and from 25.9.1993 by the District Inspector of Schools (SE). In the order of approval, the D.I.S. (SE) has stated that the appointment will continue for six months or till the joining of Mr. Shaktipada Roy Chowdhury again. The said Shaktipada Roy Chowdhury, incumbent in the post of Class IV staff took leave for indefinite period and thereafter on 17.9.1994 he made an application for voluntary retirement. The said letter of resignation it appears was accepted by the authorities. Consequent thereto, by a resolution dated 29.4.1994, the Managing Committee extended the service of the petitioner in the place of the said Mr. Roy Chowdhury and also made a request to the D.I. of Schools (SE), South, 24-Parganas, for approval of the appointment of the petitioner in the said post of Class IV staff.

(2.) Alleging non-compliance with statutory obligations on the part of the State authorities for withholding the approval and absorbing the petitioner as Class IV staff, the petitioner filed a writ petition being C.O. No. 8929(W) of 1995. In the said writ application, an interim order dated 26.9.1995 was passed by Justice Shyamal Kr. Sen (as His Lordship then was) directing the District Inspector of Schools (SE) to find out if the petitioner was still working in the school since it was contended that although the petitioner rendered service in the said school but he was not receiving salary from 22.8.1994 and in the event, the D.I. of Schools (SE) was of the view that the petitioner is still working, then the District Inspector of Schools (SE) was directed to take steps for releasing of the salary due and payable to the petitioner.

(3.) In terms of the said order, D.I.S. (SE) inspected the school and having found the petitioner working, released the salary under Memo No. GA/20 dated 9.1.1996 and vide a Memo No. GA/T/268 dated 28.5.1996 in the sum of Rs. 30,000/-.