BIPAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application has been preferred stating inter alia that the petitioner passed the annual examination of Class-IX from Khandayat Patkira High School and that his date of birth is 8th June, 1972. The petitioner's father was a Group-D staff at Sree Ramkrishna Ananda Ashram Girls High School (hereinafter referred to as the said school). The petitioner, having the requisite qualification, participated in a selection process for filling up a leave vacancy which occasioned due to the leave obtained by Sridhar Das. The petitioner emerged to be successful in the said selection process and was empanelled at the first position. The said panel was duly approved by the respondent no.3 vide memorandum dated 11th March, 1997 and pursuant thereto the petitioner worked in the said leave vacancy in the post of Darwan-cum-Mali for the period from 15th November, 1996 till 14th February, 1997. Thereafter, the petitioner's father retired on 31st December, 1999 and in consideration of the petitioner's prayer, the school authorities appointed him in the concerned Group-D post with effect from 2nd January, 2000. Thereafter, the school authorities approached the respondent no.3 seeking approval of appointment of the petitioner through representations dated 20th May, 2000, 4th July, 2000 and 15th January, 2001 and in the said representations it was explained by the school authorities that the petitioner's appointment was made in the exigencies of administration of the school as it was impossible to run the said school, having a roll strength of 500 students, in the absence of Darwan. The said representations were not considered by the respondent no.3 and the petitioner's claim was kept in abeyance and that as such the instant writ application.

(2.) The petitioner subsequently filed a supplementary affidavit bringing on record, documents to establish that the vacancy in respect of which the petitioner was appointed was within the sanctioned strength and the fact that the said vacancy was reserved for Schedule Caste candidates was certified by the competent authority vide memorandum dated 18th December, 2008.

(3.) The said respondents entered appearance in the writ application and filed an affidavit-in-opposition stating inter alia that there was no vacancy for Group-D post and there are only two Group-D posts in the said school and the same had been filled up through appointment of one Sri Abhimanyu Das and one Smt. Gita Bhattacharjee. The respondents further stated that in the absence of a Group-D post question of regularization of the petitioner does not occasion.