DISTRICT PROJECT OFFICER DISTRICT PRIMARY EDUCATION PROGRAMME AND SARVA SIKSHA MISSION Vs. MD. YAHIYA AND OTHERS

JUDGEMENT

(1.) This intra-court writ appeal at the instance of the District Project Officer, District Primary Education Programme and Sarva Siksha Mission, Uttar Dinajpur, (hereafter the appellant) is directed against an order dated 1st December, 2017 passed by a learned Judge of this Court whereby W.P. 6415(W) of 2017, presented by the respondent no. 1 (hereafter the writ petitioner) was disposed of. By such order, the appellant was directed to arrange for reinstatement of the writ petitioner in service as per guidelines of the Sarva Siksha Mission within a period of a month from date.

(2.) CAN 636 of 2018 is an application for stay filed in the appeal. While hearing such application on 6th August, 2018, we had expressed our prima facie view that the appeal is without merit. Hearing was, however, adjourned on the prayer of Mr. P.S. Bhattacharya, learned senior advocate for the applicant/appellant to obtain appropriate instructions as to whether the appellant would proceed any further with the appeal or not.

(3.) Mr. Bhattacharya has addressed us today on the merits of the appeal once again and, therefore, we have proceeded to hear him.