BRINTAM DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed by the petitioner be kept on record.

(2.) Mr. Jana, learned advocate appearing for the petitioner submits that the petitioner and six others participated in a selection process conducted by the West Bengal Central School Service Commission (in short, the Commission) for appointment to the post of Librarian. All of them emerged to be successful in the selection process and were recommended for appointment in different schools in the district of Dakshin Dinajpur in the year 2011. Their appointments were also provisionally approved by the respondent no.5. Subsequent thereto, it was ascertained by the State authorities that ten librarians were appointed and approved against non-sanctioned posts. Accordingly, by a memo dated 28th March, 2014, the Deputy Director of School Education, West Bengal intimated such facts to the respondent no.3. As no steps were taken thereafter, the petitioner and six others preferred a writ petition being W.P. No.4820 (W) of 2015 which was disposed of by an order dated 24th February, 2015 directing the respondent no.3 to take appropriate decision. Pursuant to the said order, the respondent no.3 took a decision on 9th July, 2015 observing inter alia that the librarians had been appointed following the prescribed procedure and there is no irregularity as regards their appointment and direction was issued to retain them in the concerned posts in the same schools till appropriate vacancies are detected in the district, in which their appointment can be regularised. Subsequent thereto, seven vacancies were detected and the list of such vacancies was forwarded by the respondent no.5 to the respondent no.4 vide memo dated 19th February, 2016. The petitioner herein thereafter preferred a writ petition being W.P. No.3867 (W) of 2016 seeking direction upon the authorities to place the petitioner and six others in the vacancies detected strictly in accordance with the merit of the participants in the selection process. The said writ petition was disposed of by an order dated 14th December, 2016 granting such relief to the petitioner. Pursuant to the said order, the matter was considered and the Secretary, School Education Department, Government of West Bengal requested the Commission to submit its opinion on counselling proposal submitted by the writ petitioner, as would be explicit from the memo dated 8th June, 2017. Subsequent thereto, by a memo dated 7th May, 2018 the respondent no.6 was requested to grant recommendation for appointment of the petitioner and others.

(3.) Mr. Jana submits that subsequent to issuance of the memo dated 7th May, 2018, no further steps have been taken by the authorities.