SHIBU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By his letters dated 20th July, 2004 and 20th March, 2006, the Secretary of Taherpur High School appointed the writ petitioners as Clerk of the school. The petitioners would get their salary and allowances as per Rules on the approval of the services by the concerned District Inspector of Schools (SE). This approval was never made. It is submitted by the learned counsel for the State that this appointments are absolutely illegal.

(2.) Considering the ratio in the case of Uma Devi reported in (2006)4 SCC, page 1, I do not think this kind of appointments are illegal but can be "irregular" on the principles of that judgment. The appointments did not say that the writ petitioners were temporary or ad -hoc Clerk but stated that they were regular staff of the school on "substantive basis" subject to approval of the District Inspector of Schools (SE). That is why I say that the appointments were irregular.

(3.) Now the grievance of the writ petitioners are that they had been working from 2004 onwards and should be regularized accordingly. The writ petitioners are working as permanent staff of the School and there are vacancies.