BIDHAN CHANDRA MONDAL Vs. ASHOK BANERJEE

JUDGEMENT

(1.) A novel and innovative ex-cuse has been conjured up by the learned advocate representing the District Primary School Council, South 24 Parganas, to try and explain an act of non-compliance on part of his client for complying with a manda-tory order passed by this Court on 8th July, 2010, in W. P. 9793 (W) of 2010.

(2.) The writ petition was with regard to non-issuance of appointment letter in favour of the writ petitioner, who was selected for the post of assistant primary teacher by the said Council. This Court, on 8th July, 2010, had been pleased to observe that there could be no valid justification for withholding is-suance of the appointment letter in favour of the writ petitioner in the facts and circum-stances of the case as there was no embargo and/fetter upon the District Primary School Council, South 24 Parganas, to do so. By the said order the writ petition was disposed of, inter alia, with a direction upon the District Primary School Council, South 24 Parganas, to take appropriate steps in the matter within a certain time-frame, based on the observa-tions made therein.

(3.) The novel and innovative excuse, as submitted by the learned advocate for the Council, is that in the meanwhile there has been a directive of the Chief Election Com-missioner of India introducing a Code of Con-duct in this State restraining the authorities from issuing fresh appointment letters. In this regard, the learned advocate hands-up a memo dated 2nd March, 2011, issued by the Direc-tor of School Education, Government of West Bengal, addressed to the Chairman/Chairper-son of all Districts Primary School Council, which may be Jcept on record.