NISHUMITA BARAILY Vs. GORKHALAND TERRITORIAL ADMINISTRATIVE COUNCIL

JUDGEMENT

(1.) This instant review petition is filed by one Nishumita Baraily along with others, who being aggrieved and dissatisfied with the order dtd. 7/2/2023 passed by this Court in W.P.A. No.311 of 2023, has prayed for permanent approval to the post of a teacher in Lower Chongtong High School, Darjeeling.

(2.) The petitioners were appointed as assistant teachers on 23/5/2016, 25/9/2014, 10/12/2018 and 23/5/2016 in Lower Chongtong High School by the school authority against the permanently sanctioned vacant post. In 2009 in an administrative circular, the School Education Department restrained the District Inspector of School (S.E.), Darjeeling from approval of appointment to any teaching staff engaged on a contractual basis. The petitioners filed WPA 574 of 2021 which was disposed of on 23/2/2021 with a direction upon the respondents to consider the representation of the petitioner within a period of six weeks and the D.I. of Schools (S.E.) passed the following order dtd. 23/3/2021:

(3.) Through a second round of litigation vide WPA 311 of 2023, the petitioners had sought for their absorption in the vacant post in the said school in respect of the Assistant teacher. They argued that on the strength of an order dtd. 29/12/2014 passed in WP 34439 (W) of 2014 similarly placed teachers posted in different schools under the administration of GTA were absorbed against the vacant post. This court passed the following order in WPA 311 of 2023 on 7/2/2023: