BIVEK GURUNG Vs. GORKHALAND TERRITORIAL ADMINISTRATION COUNCIL, LALKUTHI

JUDGEMENT

(1.) The petitioner was appointed on purely temporary basis as a Group-C employee in Ranju Valley Junior High School (respondent no.8). The appointment letter issued by the said school is dtd. 16/9/2010 and the joining date as per the joining report annexed to the writ petition is dtd. 1/7/2015. The petitioner says that he has been rendering service in the said school continuously since then.

(2.) It is also the case of the petitioner that the said school was recognized as a new set up, and as such the posts of teaching and non-teaching staff are deemed to have been granted as without such sanction, the school could not function. The petitioner is seeking regularization of his services.

(3.) The application of the School Service Commission constituted under the West Bengal School Service Commission Act, 1997 (hereinafter referred to as 'the 1997 Act) has been restricted in respect the erstwhile Darjeeling Gorkha Hill Council (in short, DGHC), which is presently known as Gorkhaland Territorial Administration (in short, GTA), in view of the provisions of Gorkhaland Territorial Administration, Act 2011, has admittedly remained suspended from a long time in past. Subsequent to the suspension of the application of the 1997 Act, in respect of DGHC the District Inspector of Schools (SE), DGHC, Darjeeling was directed by a memo dtd. 16/9/2010 by the Secretary, Department of Education, DGHC, Darjeeling to follow the usual procedure for appointment of non-teaching staff in secondary schools under DGHC till the constitution of the School Service Commission in hill area.