LAWS(CAL)-2022-11-15

DISTRICT INSPECTOR OF SCHOOLS Vs. BUDDHISWAR PRAMANIK

Decided On November 10, 2022
District Inspector Of Schools Appellant
V/S
Buddhiswar Pramanik Respondents

JUDGEMENT

(1.) This intra court appeal was filed under Clause 15 of the Letters Patent, 1865 challenging an Order dated November 16, 2021, passed by an Hon'ble Single Judge of this Court in CPAN No. 2053 of 2013 arising out of an Order dated December 24, 2010 in WPA No. 25988 of 2010.

(2.) By the 'Impugned Order' dated November 16, 2021, the Hon'ble Single Judge refused to recall the Order dated December 24, 2010 for the reasons stated therein. The application for recalling being CAN 1 of 2015 was itself filed 5 years after the date of passing of the Order in 2010. The Hon'ble Single Judge disposed of the contempt application being CPAN No. 2053 of 2013 by directing the District Inspector (DI) of Schools (SE), Nadia/appellant to comply with the directions within 4 weeks from the date of the 'Impugned Order'.

(3.) The issue in the writ petitions was regarding the failure on the part of the DI to approve of the appointment of the writ petitioners/non-teaching staff, who worked at the school in issue for long despite the Order dated December 24, 2010. Subsequently, the DI in terms of his communication dated January 28, 2018 approved of the petitioners' appointment but even then failed to comply with its own Notification.