BUDHADEV BISWAS Vs. DIBBO GOPAL GHATAK

JUDGEMENT

(1.) In this writ application, originally the petitioner prayed necessary relief restraining the respondents District Inspector of Schools (SE) Siliguri from cancelling the Memo No. 550/SLG dated 22nd January, 1993 whereby present petitioner's service was approved as Assistant Teacher in Science Group with effect from 1st January, 1993, by the District Inspector of School (SE) Siliguri being Annexure 'G' of this writ application and prayed for necessary direction from this Court for release of salary, allowances and service benefits upon approving service with effect from 2nd April, 1984 as organized staff of the School. The writ petitioner prayed the following reliefs in this writ application:

(2.) D.K.Basu, J. by the interim order wanted a report from the District Inspector of Schools (SE) Siliguri hereinafter refer to as concerned District Inspector of Schools to as why the salary was not released from the date of joining of the petitioner that is from 25th January, 1993. Further interim order was passed restraining the respondents from disturbing and/or interfering with the service condition of the writ petitioner and from withdrawing, revising and/or modifying the approval order dated 22nd January, 1993 being annexure 'G' of the writ application. The District Inspector of Schools concerned further was directed to release all arrear, salary and current salary month by month. Since payments were not released as per direction of this Court, contempt application was filed as affirmed on 24th November, 1993. By the order dated 7th June, 1996 concerned District Inspector of Schools was directed to submit the report. Managing Committee of the school submitted an application for vacating the said interim order of this Court and by the order dated 25th June, 1998 matter was directed to be heard along with main hearing of writ petition considering the same as Affidavit-in-Opposition. By the order dated 28th June, 1996 D.K. Basu, J. issued contempt rule for violation of the interim order of the Court regarding payment of salary against the concerned Officers. D.K. Basu, J. directed the Director of School Education, West Bengal to appears since positive ground was taken by the District Inspector of Schools concerned that due to non-approval of service by the said authority, payments were not made. However, from the order sheet it is found that this contempt application was not finally disposed of, but it is admitted by the petitioner that he got his salary and also was deputed for undergoing the B.Ed. course. The respective parties have filed Affidavit-in opposition and reply thereto.

(3.) The matter came up for hearing before me when it was found that on issue of regularization of service as organized staff in terms of the prayer of the writ petitioner and as per the earlier direction of Susanta Chatterjee, J. dated 12th December, 1989 passed in writ application C.O. 15704(W) of 1989, a decision was passed and communicated by Memo No. 669/1(6) SE-93 dated Calcutta 31st March, 1993 by the Director of School Education, West Bengal whereby such prayer of the writ petitioner was rejected, only on ground that writ petitioner joined the school in question after the school was inspected by District Level Inspection Team and petitioner was not at all an organized staff to get the benefit as prayed for.