NABIN KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was appointed as Assistant Teacher in Physical Education Group in the school in 1985. His service has since been approved. He is enjoying post-graduate scale of pay. Incidentally, he is the holder of Bachelor of Commerce and Bachelor of Physical Education degrees.

(2.) Since there was a vacancy in the post of Assistant Teacher in Commerce Group in the Higher Secondary Section of the school, the school utilized the service of the petitioner. Simultaneously, the department was approached for granting approval so that the petitioner can be shifted to the Commerce Group from the Physical Education Group. Mr. S. K. Ghosh, the Assistant Secretary to the Government of West Bengal, School Education Department on being directed, requested the Director of School Education vide memo dated 10th July, 2007 to send a concrete proposal to the department for further processing of the matter. The District Inspector of Schools (SE), Paschim Medinipur was requested by the Director of School Education, West Bengal vide memo dated 8th August, 2007/21st August, 2007 to submit necessary records. Pursuant thereto, the District Inspector vide memo dated 4th June, 2010 recommended shifting/transfer of the petitioner in the Commerce Group from the Physical Education Group. The Director of School Education by the impugned memo dated 31st August, 2010/9th September, 2010 has regretted his inability to consider the recommendation of the District Inspector and has requested him to instruct the school to take steps for filling up the concerned vacancy on the basis of the recommendation of the Regional School Service Commission having jurisdiction. This order forms the subject matter of challenge in the present petition.

(3.) I have heard Mr. Dutta, learned Advocate for the petitioner. He submits that the matter may be remitted back to the Assistant Secretary for consideration of the proposal of the District Inspector, since he had no occasion to consider the issue.