WANGAL LEPCHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit-of-service filed in Court today be kept with the record. Petitioners are nine in number and they are the permanent teachers joined in their respective schools on 11/5/2015, 6/6/2016, 16/5/2016, 20/5/2017, 1/11/2018, 1/12/2018, 5/3/2019, and 29/7/2021 respectively against the permanent sanctioned vacant post. It is submitted on behalf of the petitioners that the West Bengal School Service Commission Act for appointment of teaching and non-teaching staff in hill area under the administrative control of GTA has been suspended. There is no appointment through School Service Commission in the hill area after the introduction of the said act except one time in the year 1998-99. The Secretary, Education Department, Government of West Bengal vide memo No.957 dtd. 16/9/2010 informed the District Inspector of Schools to follow the usual procedure for appointment of non-teaching staff in secondary school in DGHC till the constitution of School Service Commission in the hill area. The Assistant Teachers who were absorbed against the vacant posts but on contractual employment in the district of Darjeeling were absorbed against the said vacant posts by several orders passed by this Court. In WPA 34439(W)/2014 a Coordinate Bench of the High Court at Calcutta vide order darted 29/12/2014 was pleased to pass the following order:-

(2.) The State of West Bengal filed an appeal against the above- stated judgment passed by a Coordinate Bench being FMA 2804/2016. By an order dtd. 9/3/2017 the said appeal was dismissed for non-prosecution as the State of West Bengal did not pursue with the appeal. Therefore, the judgment passed by the Hon'ble Single Bench of the High Court at Calcutta in WP No.34439(W)/2014 dtd. 29/12/2014 stands. The petitioners in the said writ petitions were accordingly absorbed against the vacant posts of the schools.

(3.) The writ petitioners have prayed for similar relief in the instant writ petition.