KANAILAL GOLDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This case, rests in a very short campus. According to the petitioner, he is entitled to get approval of the appointment as primary teacher under category 'C' with immediate effect like others who were appointed and service benefits are being given from 1st May, 1981.

(2.) In considering this issue is appropriate, a writ petition was previously moved being W.P. No. 1154(W) of 1999 and by an order dated 6th August, 1999 the Director of School Education was directed to consider the matter afresh in the light of the observations made by the Court and to pass an order afresh in accordance with the law within the time prescribed therein. All the points were considered by the Director of School Education under Memorandum 68(L)P dated 17th January, 2001 and the petitioner's service was directed to retreated alike and appointment as a primary teacher under category 'C' was given immediate effect with service benefits from 1st May, 1981. The Chairman of District Primary School Council (24 Paraganas North) duly informed. Surprisingly, the Council raised an objection before the Court by saying that they are not bound by the direction of Director of School Education. Therefore, a question arose before the Court as to whether the Council is bound by the order of the Director of School Education or not. In other words, whether the order of the Director of School Education has prevailing effect upon the Council or not.

(3.) I have called upon the Director of School Education to furnish a report about factual aspect of the matter before going into such controversy. The Director of School Education, West Bengal furnished a report before the court on 9th October, 2001 taking the similar view with the order impugned herein and supported the contentions of the petitioner.