BISWANATH ROY CHOWDHARY Vs. PRANAH KUMAR SENHUPTA

JUDGEMENT

(1.) TWO appeals were filed against the judgment and order dated January 19, 2006 passed by the learned Single judge while disposing of a contempt proceeding.

(2.) ONE Pranab Kumar Sengupta was appointed a Primary Teacher on march 21, 1973 in Basak Bagan Primary School, Patipukur, Calcutta (now under the District Primary School, 24-Parganas North ).

(3.) AT the prevalent time the school being an urban school was guided by west Bengal Urban Primary Education Act, 1963. According to Pranab since he was appointed in an urban school in early part of 1973 he was to be guided under the said Act of 1963 and the State authorities including the director of School Education were the proper authorities to approve his appointment. He made several representations for approval of this appointment. However, his prayer was not considered. Ultimately he filed a writ petition in 1993 being C. O. No. 13320 (W) of 1993. The learned Single judge by judgment and order dated April 11, 1994 allowed his writ petition after holding that since he was working for last 20 years at meagre monthly salary of Rs. 22. 50 there was no bar and/or impediment to direct the respondent No. 2 being the Director, School Education to accord approval. His Lordship ultimately directed all the respondents in the said writ petition including respondent No. 2 to grant approval of appointment to Pranab and release all consequential benefits admissible to him in accordance with law. State preferred an appeal from the said judgment and order of the learned single Judge. State, however, did not proceed with the said appeal and allowed the same to be dismissed for default.