TARAPADA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The challenge in the Writ Petition is against the Order dated February 17, 2016 passed by the Director of Mass Education, Government of West Bengal (Impugned Order). By the Impugned Order, the Director of Mass Education/respondent No.2 rejected the prayer of absorption of the petitioners who claim to be the organizing staff at Nimbark Math PratibandhiSikshaNiketan (the School) in the District of Medinipore.

(2.) The undisputed facts of the case are:

(3.) Mr. Amitava Mukherjee, Learned Counsel appearing for the petitioners argued that pursuant to the Order dated May 14, 2012 passed by this Hon'ble Court, the words 'existing and regular' denote the regular staff working on the "date of sponsorship" and not afterwards. Admittedly, all the petitioners were found to be working prior to the "date of sponsorship." Therefore, the prayers for approval of appointment could not be rejected on the ground that their names were forwarded by the school after the initial application for sponsorship. From the letter dated June 9, 2005, it would clearly appear that the petitioners' names were there in the staff pattern of the school. Therefore, the existing staff pattern was brought to the notice of the authority concerned 6 months prior to the approval of sponsorship.