APARNA BHATACHARYYA Vs. STATE AND OTHERS

JUDGEMENT

(1.) The petitioner herein was appointed as Assistant Teacher in Urban Basic Unit-I of All India Women's Conference, Buniadi Vidyapith at Beliaghata and the petitioner joined on 6th May, 1985 in the said School as an Assistant Teacher on temporary basis. The Managing Committee of the said School recommended and forwarded the name of the petitioner to the Director of School Education (Primary) for obtaining necessary approval in respect of the appointment of the petitioner along with other unapproved temporary Teacher of the said school. The petitioner was appointed as Assistant Teacher on temporary basis at a fixed salary of Rs. 125.00 per month and subsequently the same was enhanced. At present the petitioner has been drawing salary of Rs. 425.00 per month.

(2.) According to the petitioner, since 1980 few posts of Assistant Teacher had been lying vacant in the said School on account of retirement, resignation and death of some teachers. The School Authorities also admitted the said facts in their representation dated 14th June, 1991 made to the Director of School Education (Primary). It has been submitted on behalf of the petitioner that the School Authorities appointed the petitioner and few others against the said vacant posts of Assistant Teacher but the services of the said unapproved teachers could not be confirmed as the said appointments were never approved by the respondent authority. Since the respondent authority did not consider the question of approving t he appointment of petitioner as an Assistant Teacher of the said School against the permanent vacant post. an application was moved earlier before this Honourable Court' by the petitioner along with one other Assistant 'reacher. The said writ petition was, numbered as C.O. 1334 (W)/91.

(3.) N.K. Mitra, J. (as His Lorship then was) by an order dated 3rd Oct, 1991 disposed of the said writ petition directing the District Primary School Council. Calcutta, to fill up the posts lying vacant in the school in question in accordance with law and also in accordance with the requisite Rules positively within 31st Oct, 1991. The petitioner thereafter sent a representation to the Chairman, Calcutta, District Primary Council on 30th April, 1992 referring to the aforesaid order dated 3rd Oct, 1991 passed by N.K Mitra, J. (as His Lordship then was) and prayed for her absorption against the permanent vacancy in the said School and also demanded necessary approval of her appointment in this regard. The petitioner was thereafter asked by the respondent No. 3 to appear before the Chairman, Calcutta, District Primary School Council with all relevant papers and documents for the purpose of considering the claims of the petitioner for approval of her appointment as an Assistant Teacher in the said School. On 9th Feb., 1995 the petitioner appeared before the Chairman. Calcutta District Primary School Council with all relevant papers and documents including a certificate granted by the Honorary Secretary of the School certifying that the petitioner had been working on temporary basis in the said School since 6th May, 1985 as Assistant 'reacher. The Chairman after considering the prayer of the petitioner passed a reasoned order rejecting the the claims of the petitioner and did not grant any relief to her, The said reasoned order was communicated by the Chiarman, Calcutta District Primary School Council by the written communication dated 29th March, 1993.