STATE OF WEST BENGAL Vs. HUSNA BANU

JUDGEMENT

(1.) This appeal is at the instance of the State impugning the judgment and order of the learned Trial Judge dated 10th September 2004 passed in Writ petition No. 3163(W) of 2003. The short fact of the case for which this writ petition was filed by the respondent is stated hereunder:

(2.) The writ petitioner was appointed as Assistant Teacher in Burnpur Sri. Guru Nanak High School (hereinafter referred to as the said School) by the Managing Committee of the said School on 29th March 1994. It appears from the said letter of appointment she was appointed with effect from 1st April 1994 on consolidate basic pay of Rs. 300 per month as an unapproved teacher as at that pint of time there were vacancies in the School which were not filled up. The said letter of appointment was issued by the then Secretary of the Managing Committee of the said School as she was found to have requisite qualification. Since then she has been rendering services in the said School. Despite repeated representations being made her appointment was not approved by the District Inspector of Schools.

(3.) One Smt. Mukti Sinha an Assistant Teacher in Geography who was also similarly placed with that of the petitioner was also appointed by the said School even without any appointment letter being issued. In view of non approval of the appointment by the State Smt. Mukti Sinha filed a writ petition praying for relief for approval to her appointment. The Hon'ble Mr. Justice Amitava Lala (as His Lordship then was ) by an order dated 12th January 2000 was pleased to allow the prayer of the said Mukti Sinha by directing the District Inspector of Schools to regularize her service. Pursuant to the said order the District Inspector of Schools passed order dated 15th November 2000 approving the appointment of said Mukti Sinha in the said School. At that time as there were as many as 21 sanctioned teaching posts and out of which 9 posts were lying vacant. Even additional posts of teachers were also sanctioned. In view of approval of appointment of Smt. Mukti Sinha the petitioner - respondent herein filed a Writ Petition being WP No. 82 (W) of 2001 asking for the similar relief as it was granted to Sm Mukti Sinha. The said Writ Petition was disposed by Hon'ble Justice D.P. Kundu ( as His Lordship then was) directing the Director of School education to consider the petitioner's case. Thereafter the petitioner was heard by the Director of School Education however, her prayer for approval and/or regularization was turned down. While rejecting the case of the respondent the Director of School Education came to finding that the petitioner was not appointed in accordance with the recruitment rules. The existing vacancy could be filled up by School Service Commission under concerned Act which came into force in November 1997.