STATE OF WEST BENGAL Vs. KHALIL ALI SK

JUDGEMENT

(1.) THIS is an application under section 5 of the Limitation Act for condonation of delay in preferring the appeal against the judgment dated 15. 1. 2004.

(2.) THE respondent/writ petitioner joined in Pipulberia Junior High School on 01. 02. 1992 as a Peon. The writ petitioner claimed to have rendered uninterrupted service as an organizing non-teaching staff since the date of his joining in the school. Following the inspection of the school on 12. 4. 1991 by the district Level Inspection Team, the school was provisionally recognized as Four class Junior High School with effect from 01. 05. 1994 in terms of Memo No. S/242/14/04/1999. The provisional recognition was to remain operative till 30. 4. 1997. Three years after the provisional recognition of the school as Four class Junior High School, the school got permanent recognition with effect from 01. 05. 1994.

(3.) THE prayer of the petitioner for approval of his appointment not having been considered, the respondent filed a writ application. In disposing of the aforesaid writ petition, the learned Single Judge directed the petitioner to make representation before the District Inspector of School (SE), Nadia and the district Inspector of School in turn was directed to dispose of the representation by passing a reasoned order. The District Inspector of School was also directed to make an enquiry through the competent officer to ascertain as to why the name of the petitioner was not incorporated in the enquiry report.