DEBDAS DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition portrays the sad plight of the petitioner who since his appointment as a librarian on 13/8/2019 in a school is deprived of getting any pay.

(2.) Background facts which led the filing of the instant writ petition may be summed up as under:

(3.) After collecting the relevant documents from the school authority the petitioner came to know that the respondent No. 5 school is a Christian Minority Educational institution and it has the power to recruit its own teachers and non teaching staff as a part of its management and control of the institution. Presently, the school is guided by the Recruitment Rules of 2016 published vide notification No. 79-ES/S/10R-14/2013 dtd. 3/2/2016 to recruit teachers and non teaching staff for the school. By memo No. 333-SE(Apptt)/10M-32/01 Pt dtd. 8/6/2007 a post of a librarian for the school was sanctioned. However, by another Memo No. 2356(20) GA dtd. 3/10/2007 the aforesaid Memo dtd. 8/6/2007 was modified incorporating therein certain restrictions/guidelines. Following the parent Government Order dtd. 8/6/2007, the then Additional District Inspector of Schools (Secondary Education) granted prior permission to the school authority to recruit a librarian for the school vide its Memo dtd. 30/9/2009 following the Recruitment Rules of 2002 which was in force at that time.