SHYAMAL KUMAR SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE four petitioners in this writ petition dated June 16th, 2005 are seeking a mandamus directing the respondents to regularize their services as organizer teachers working in the secondary section of Kalagachia High School, Purba Medinipur.

(2.) THEIR case is this. On July 30th, 1978 the managing committee of the institute decided to appoint the first and second petitioners as organizer, teachers in the unapproved secondary section of the institute. By a subsequent decision dated July 6th, 1980 the committee decided to appoint the third and fourth petitioners as teachers, for the unapproved secondary section of the institute. On being appointed they continued to work, and die district level inspecting team, inspecting the institute in connection with the question of recognition of the secondary section, found that at the time of inspection on September 29th, 1992 they were working as organizer teachers. However, from the year 2002 they were prevented by the institute authorities from putting their signatures on the attendance register, and as a result on January 25th, 2005 when the district level inspecting team inspected the institute in connection with its prayer for upgradation of the four -class junior high school to a ten -class junior high school, the team did not find them present in the institute as organizer teachers. Since the institute was upgraded by the board that issued the order dated May 20th, 2005, the respondents incurred the obligation to approve their appointments, in terms of Government Order No. 117 -SE(S)/4A -50/93 dated February 24th, 1995.

(3.) I find that admittedly in the inspection report dated January 25th, 2005 leading to upgradation of the institute for which the board issued the order dated May 20th, 2005 names of the petitioners did not find mention. On this fact alone they are not entitled to get any benefit of the Government Order dated February 24th, 1995. For getting benefit the petitioners have to show that at the time of inspection on January 25th, 2005 they were working in the institute as Organizer Teachers meant for the unrecognized secondary section. There is absolutely no reason to accept their case that from the year 2002 the authorities of the institute prevented them from putting their signatures on the attendance register. This case of the petitioners leads to one inevitable conclusion that from 2002 they were not working in the institute. Whether they were prevented by the authorities of the institute from, discharging duties or from signing attendance register is a question of fact that cannot be adjudicated and determined by the writ Court. There is no decision of any Court that they were actually prevented by the authorities of the institute from discharging duties or signing attendance register. Hence they are not entitled to claim any benefit of the Government Order, the mandatory requirement thereof having remained unfulfilled.