SWADESH KUMAR GAYEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition, the petitioner has, inter alia, challenged an order being Memo No. 23/1 (6) LC dated 19th March, 2007 passed by the Director of School Education pursuant to an order dated 30th June, 2005 passed by His Lordship the Hon'ble Justice Aniruddha Bose in W.P No. 2732 (W) of 2002 (Ms. Swadesh Kumar Gayen Vs. State of West Bengal and Others). By the order impugned, the Director of School Education has rejected the claim of the petitioner for regularization of his service as Organizing Clerk of Narayanpur Lakshminarayan Madhyamik Vidyalaya, hereinafter referred to as the school. By a Memo No. 10781/G dated 12th November, 1974 Narayanpur Lakshminarayan Madhyamik Vidyalaya, hereinafter referred to as 'the school', was recognized as a two Class Junior School. In 1989 the Managing Committee decided to upgrade the school as a four Class Junior High School and start Classes VII and VIII.

(2.) The petitioner has alleged that for the purpose of up-gradation, the school engaged teachers and staff. According to the petitioner, the respondent no. 6, Tapan Kumar Pradhan and one Buddhadeb Sasmal were appointed as Assistant Teachers and the petitioner was engaged as clerk with effect from 1st May, 1989. The petitioner has stated that he had been discharging duty without any pay.

(3.) It is pleaded that on 20th June, 1990, the Administrator of the school took a resolution being Resolution No. 20 dated 20th June, 1990, which is set out herein below:-