SISIR KUMAR GANGULY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an unfortunate case where the writ petitioner was appointed as Laboratory Assistant by the Principal, Trivenidevi Bhalotia College, Raniganj, Burdwan, w.e.f. 1st August, 1984.

(2.) This appointment was subject to approval of Governing Body of the said college. Later on the writ petitioner's designation was changed from Laboratory Assistant to Laboratory Instructor on and from 1st August, 1984. Although, it was an appointment on temporary basis and his service is terminable at any time without any notice or without any reason whatsoever the petitioner continued as Laboratory Instructor since 1st August, 1984. It would appear from the Government Memo dated 22nd November, 1989 that the strength of Laboratory Instructor was eight, three were existing approved posts and three were additional posts. Writ petitioner continued his service without any interruption till date.

(3.) During his entire service period of about last thirty years, writ petitioner made several representations before all the authorities including the Minister for his regularisation. None of the officers who are responsible for such regularisation, although they were aware of the petitioner's appointment and uninterrupted working in the said institution, did not take any step for regularisation of service of the writ petitioner. Writ petitioner produced some records issued by the concerned authorities of the State Government. It appears from memo no. 123/95 dated 16th August, 1995, Deputy Regional Education Officer & Ex-Officio, A.D.P.I., Burdwan Division, Chinsurah, Hooghly, wrote to Director of Public Instruction, Education Directorate, Government of West Bengal, that present staff pattern of the aforementioned college shows out of thirteen existing posts of Laboratory Instructor two vacancies are there. It also appears from the said memo that writ petitioner's name featured at serial number 1 as Laboratory Instructor (Chemistry) and his date of joining is shown 1st August, 1984.