UTTAM KR. BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard learned Advocates for the parties. In the writ application, the petitioner has prayed for, inter alia, the following reliefs:

(2.) The fact leading to the writ application is very short. It is an admitted fact in the writ application that when the petitioner got appointment as Primary School Teacher under died in harness category in the year 1983, the petitioner was not qualified with minimum qualification, namely School Final Pass and he did not attain majority. By the letter dated 27.10.83, the Sub- Inspector of Schools concerned wanted to verify the petitioner's mark sheet so far as minimum qualification is concerned and asked the petitioner not to join in the post. However, by representation dated 29.9.83, the petitioner submitted before the said authority that mark sheet of School Final Examination was produced by the petitioner wherein it was already recorded that the petitioner did not pass School Final Examination, but there was a marking 'compartmental'. Further, it was asserted that the petitioner already joined in the post in question. The Ad-hoc Committee, District School Board, Nadia, withheld the salary of the petitioner from April, 1985, till final decision of the Board. It was communicated to the petitioner and the School Authority by its letter dated 10.5.85. The petitioner submitted a representation on 20.5.87 praying for re-appointment in the post in question upon contending, inter alia, that in the meantime, the petitioner qualified himself with minimum academic qualification, that is he passed the School Board, Nadia by the concerned Sub-Inspector of Schools with note that the petitioner by producing a forged mark sheet got appointment, and had withdrawn the salary till March 1985. The matter was considered by the Primary Schools Council under agenda No. 17 in their meeting held on 1.12.97. The agenda was "review of the case of Uttam Biswas regarding appointment as Primary Teacher under died in harness category". It was resolved unanimously by the said Primary School Council that after verification of the relevant papers the petitioner would be appointed, but such appointment would be a fresh appointment, and such appointment also would be subject to refund of the overdrawal amount, that is salary as enjoyed by the petitioner being appointed as a Primary School Teacher in the year 1983. This resolution was confirmed in a subsequent meeting of the Primary School Council as held on 8.1.98. Since nothing was done, the petitioner filed a representation on 29.4.98 praying for his re-appointment on accepting that his service was not regular and the same was an unauthorized appointment. In this representation, the petitioner further asserted that by treasury challan the petitioner already deposited Rs. 12,061.00 that is salary as drawn by him. Since nothing was done, the writ petitioner moved a writ petition, being W.P. No. 8263 (W) of 1999, and by the order dated 18.6.99, M.H.S. Ansari, J. directed the Chairman, District Primary School Council, Nadia (hereinafter referred to as the said Council) to decide the said writ application as a representation of the petitioner, in accordance with law. In pursuance thereof, the petitioner faced rejection of his prayer by the decision of the Chairman of the said Council as communicated by his memo No. 3508 dated 24.8.99. The said decision of the Chairman of the said Council is impugned in this writ application. In the impugned decision, the reason as assigned rejecting the claim of the petitioner for re-appointment reads thus:

(3.) It has been submitted by the learned Advocate of the petitioner that when the petitioner's father breathed last in the year 1981, the petitioner was not qualified to be appointed as Primary School Teacher not only that the petitioner was lacking necessary minimum academic qualification, but the petitioner also was lacking in respect of age. It is the case of the petitioner herein in this writ application that once the Primary School Council adopted a resolution to provide appointment to the petitioner subject to payment of the overdrawal amount, the Primary School Council cannot turn around by passing the impugned decision, rejecting the prayer of re- appointment.