ABUL KALAM AZAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner, on and from December 26, 2005 was appointed as an Additional Para Teacher in Jhinaidanga Amasudas High School, on a purely temporary and contractual basis, for a period of one year, vide Annexure "P-2" to this writ petition.

(2.) Now, the learned counsel for the petitioner submitted that after expiry of such agreement, the same was once again renewed with effect from January 2, 2007 and was to remain valid also for a period of one year. He further submitted that on and from August 31, 2007 the writ petitioner became seriously ill and he has to undergo treatment by taking admission in a hospital and his treatment continued from September 1, 2007 to September 12, 2007 and when was discharged from hospital, the writ petitioner was advised to remain on a complete bed rest for one month and as a result he had to refrain from his duties during that period. After recovery on November 15, 2007 when he went to join his duties, the school authorities did not permit him, however, he regularly received his salaries till January 1, 2008. It is then vehemently contended that after November 15, 2007 the writ petitioner repeatedly requested the school authorities for permitting him to join his duties but he was never allowed. Thereafter, on and from January 1, 2008 his service was terminated but before termination, neither any opportunity of hearing was given to him nor any reason was communicated for such termination. It is then pointed out, finally, the writ petitioner made a representation to the District Magistrate, Cooch Behar, the Ex Officio District Project Officer, Sarba Siksha Mission but such representation was never responded. The learned counsel for the petitioner lastly contended, when the respondent authorities never responded to his repeated representations, no useful purpose will be served by sending the matter back to the District Project Officer, Sarba Siksha Mission for reconsideration and this would be just and proper for this court to direct the respondent authorities to recall the order of termination and to allow the writ petitioner to continue with his service. Lastly, he added that this is a case where there is blatant violation of the principle of natural justice by not giving him any opportunity of hearing before termination of his service. Therefore, the order of termination cannot be sustained.

(3.) On the other hand, the Additional Government Pleader, vehemently opposed this application. He submitted that this writ petitioner was appointed in the post of Additional Para Teacher on a purely temporary and contractual basis and in case of contractual appointment, the appointment comes to an end after expiry of period of such contract and after the contract comes to an end, no right can remain vested with the incumbent for being re-appointed in the said post or for renewal of the employment contract.