STATE OF WEST BENGAL Vs. SIKHA NANDI

JUDGEMENT

(1.) At the instance of the State-appellant, the present appeal has been filed impugning the judgment and order of the learned Trial Judge passed in connection with the writ petition being W.P 3034(W) of 1997. The learned Trial Judge while allowing the writ petition directed the Director of School Education to quash the Memo dated 20th August, 1988 issued by him and further directed the said authority to take immediate steps for according approval to the appointment of the writ petitioner in the concerned school as an Assistant Teacher in Bengali.

(2.) The admitted fact of the case is that the writ petitioner/respondent was appointed by the then Secretary of the School on 20th June, 1974 as an organizer teacher in the stream of Classes IX and X of the upgraded section of the school and to join on and from 1st July, 1974. On the date of issuance of the letter of appointment it appears that the writ petitioner/respondent did not complete her Hons. Graduation and as such, a resolution was adopted by the Managing Committee that as and when the writ petitioner would pass B.A (Hons.) Examination, she would be appointed permanent teacher of the said school. Subsequently, the writ petitioner passed B.A (Hons.) Examination and as such, she was engaged in the upgraded section of the school. She had been working as organizer teacher on and from the date of appointment till 30th June, 1980. Thus, she had served continuously as an organizer teacher from 1st July, 1974 to 30th June, 1980 when she was asked by the then Managing Committee to discontinue her service till the school is granted recognition for upgraded section viz. Classes IX and X. It was also assured by the Managing Committee that the moment recognition is granted, she would be taken back in future. Thereafter the school was subsequently inspected by the District Level Inspection Team in March, 1986 and said Team prepared report of inspection wherein it was recorded that the writ petitioner had worked since 1st July, 1974 to 23rd December, 1978. Subsequently, two sections of the said school was recognized and teaching staff pattern of the school was also provided. In the recognition Memo the post of Bengali Teacher in which the petitioner was then serving and now is serving, is also created. On recognition being granted, the writ petitioner was allowed to resume her duty and since then she has been continuing in the service of the said school and holding the post of Assistant Teacher in Bengali. Consequent upon the recognition, follow up action was taken for granting approval to the appointment as organizer teachers. The writ petitioner/respondent's appointment was not approved, hence, dispute arose.

(3.) It appears that the writ petitioner filed above writ-petition asking for approval to her appointment as an organizer teacher consequent upon recognition having been granted. The said writ petition was dismissed on 2nd June 1998. However, on appeal the Division Bench by an order dated 15th May, 2002 set aside the order of dismissal of the writ petition and the matter was remitted for fresh hearing by the learned Trial Judge. The learned Trial Judge thereafter heard out the matter and passed the aforesaid impugned judgment and order.