STATE OF WEST BENGAL Vs. BIMAN MISHRA

JUDGEMENT

(1.) We have heard the learned Advocates for the respective parties and we have considered the relevant materials on record. The facts of the case, very briefly, are as follows:

(2.) The State of West Bengal authorities filed an appeal against the said order dated 7.8.2009 being F.M.A. 1455 of 2009 and a learned Division Bench of this Court by order dated 15.09.2010 was pleased to set aside the said order dated 07.08.2009 upon finding that the appointment of the review-petitioner as a Librarian in the said School was purely on a temporary basis and that such appointment was de hors the normal recruitment rules. The said learned Division Bench was also pleased to observe that such appointment can be easily termed as a back-door appointment and it was a case of illegal appointment and not merely an irregular appointment. However, the said learned Division Bench was pleased to take note of the fact that the review-petitioner has been in service for a long time as an unapproved staff and it will be open for the review-petitioner to apply for the vacancy as and when the same is notified by the Chairman, West Bengal Regional School Service Commission (Northern Region). Their Lordships were pleased to observe that obviously, the review-petitioner will have an edge in such interview and in the event if the review-petitioner is found to be overaged, the same would stand condoned without setting it as a precedent.

(3.) The review-petitioner has in the present review application sought for review of the said order dated 15.09.2010.