DEBASHIS SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By his letter dated 7th July, 2014, the Secretary of Debipur R.L. Saha High School (H.S.) appointed the writ petitioner as an Assistant Teacher in Social Science Group. He would get the salary and allowances as per Rules on the approval of the service 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 appointment is 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 appointment is illegal but can be "irregular" on the principles of that judgment. This appointment did not say that the writ petitioner was temporary or ad -hoc teacher but stated that he was a 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 appointment was irregular.

(3.) Now the grievance of the writ petitioner is that he had been working from 2014 and should be regularized accordingly. The writ petitioner is working as an Assistant Teacher of the School and there is vacancy.