MUNNA MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition is at the instance of initially four writ petitioners claiming arrear financial benefits in view of approval granted by the concerned District Inspector of Schools (SE), South 24-Parganas with effect from 29th November, 2004 pursuant to the order dated 29th November, 2004 passed by a co-ordinate Bench on a writ petition being W.P.No. 15307(W) of 2003. During pendency of this writ petition one Shib Bhagat, the writ petitioner no. 4 died and on allowing the substitution application filed by the heirs of the writ petitioner no. 4, heirs of Shib Bhagat were impleaded as writ petitioners as described in the cause title of the writ petition 4(a) to 4(e).

(2.) The writ petition is heard at length in presence of the learned advocates appearing on behalf of the writ petitioners as well as the State respondents. It has been submitted by Mr. Arabinda Chatterjee, learned senior advocate representing the writ petitioners that the writ petitioners were organizing teaching and non-teaching staff of one Janata Vidyamandir (Junior High School), South 24-Parganas (hereinafter referred to as the "said School "). The said school was initially recognized as 4-Class Junior High School with effect from 1st of May, 1996 vide recognition Memo dtd. 5th June, 1996. On initial recognition of the said school, the right of the writ petitioners to get approval of the appointment in the newly recognized school was considered by the concerned District Inspector of Schools as well as by the Hon 'ble High Court on several occasions. Therefore, while adjudicating the issue involved in this writ petition, this Court need not decide on the right of the writ petitioners to get their respective approval of appointments as organizing staff since the issue has already been considered and set at rest by the orders of this Hon 'ble Court. Only issue which needs to be decided in the writ petition is from which date the writ petitioners are entitled to get their financial benefits in view of approval granted by the State respondents.

(3.) Mr. Chatterjee while arguing on behalf of the writ petitioners had relied upon the order passed by Justice Kalyan Jyoti Sengupta, as His Lordship then was, dtd. 29th November, 2004 on a writ petition being W.P. No. 15307(W) of 2003. The said writ petition was filed challenging the order of the concerned District Inspector of Schools dtd. 15th of February 2002 wherein the right of the writ petitioners to get approval of appointment was denied. While adjudicating the said writ petition, Hon 'ble Justice Sengupta made specific findings/and direction which runs infra-