BAKUL REJ Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE point involved in this case in short is that whether the petitioners who are working in the respective schools for a number of years as approved part time and qualified teachers should be thrown out of employment and at the same time newly recruited teachers should be allowed to be appointed in permanent post created or fallen vacant without absorbing; and/or regularising these part time teachers in the post of full time teachers.

(2.) THE petitioner Nos. 1 and 2 are the part time teachers of Burdwan Municipal Girls High School, Burdwan and were appointed as Assistant Teachers of the said school in Economics and sanskrit. The petitioner No. 1 worked as Assistant Teacher temporarily from August 7, 1975 to May 15, 1977 in deputation vacancy for two consecutive years and thereafter she was appointed as a part time teacher in the said school on August 17, 1977 and is still serving in the said post as a part time teacher. The petitioner No. 2 was appointed in August 21, 1978 in the said school and since then, is serving in the said school as Assistant teacher. The petitioner No. 1 is an M. A. with Special Honours in Economics who passed from the University of Calcutta in the year 1971 and also obtained B. Ed, degree from the University of Calcutta in the year 1973. She also obtained Sangit Prabhakar diploma in Hindusthani Classical Music (Vocal ). The petitioner no. 2 is an M. A. in Sanskrit with Special Honours in Sanskrit from the University of Burdwan passed in the year 1973. She also obtained the B. Ed. degree from the said University in the year 1978.

(3.) THE petitioner No. 3 is an M. Sc. in Mathematics from the jadavpur University. He was appointed as a part time teacher of Mathematics on January 19,. 1977 in the Higher Secondary section of Manteswar Sagarbala High School. But during the period from March, 1978 to August 26, 1979, the petitioner No, 3 could not work in the said school, but joined again in the said post on August 27, 1979 and is still serving in the said post in the said capacity. The petitioners' main grievance in the writ application is that in spite of vacancy having been created, the petitioners have not been absorbed and/or appointed as full time teachers in full time post and; the respondents were attempting to take direct recruits to such post by denying the petitioners right of absorption to their respective posts in which they were working as part time teachers. The petitioners were not regularised and/or absorbed in the full time posts and were kept as part time teachers for these long years and the Respondents were taking steps to fill up the posts of full time teachers by new and fresh recruits and consequently the petitioners would loose their services altogether.