SARAT KUMAR RAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a very old writ of 1991. This is by a peon, a class-IV staff of

(2.) He claims regularisation and permanent appointment in that post. In 1981 no such post was approved by the State Government. Yet, the writ petitioner was appointed as a class-IV staff by the school, by an appointment letter dated 3rd January 1981. It was also stated there, that his appointment on permanent basis would be considered if opportunity arose and that his remuneration would be paid from the contingency fund of the school. He carried on in this way upto July, 1990. In reply to the letter dated 31st May, 1990 of the Secretary of the school, the District Inspector of Schools, wrote on 3rd July, 1990 that there was no provision to absorb the writ petitioner in a permanent post and that the Secretary should fill up the group-D post, in accordance with "new recruitment rules."

(3.) The writ petitioner filed this writ challenging that letter of the District Inspector of Schools dated 3rd July, 1990 and asking for his regularisation in that post. The prayers do not seek regularisation directly. They are in negative form seeking restraint upon the respondent authorities from filling up the post. But, from the tenor of the prayers it is quite plain that regularisation is sought for by the writ petitioner. Any defect in the prayer is to be attributed to the draftsman of the writ petition and I would treat the writ as asking for permanent appointment.