DIPAK HELA Vs. STATE OF WEST BENGAL ORS

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is seeking regularization of his temporary appointment that was made in the year 1992.

(2.) From the facts it is clear that he was appointed on a temporary basis by a resolution of the Managing Committee of the school authorities. This appointment was not made for any sanctioned post and was purely temporary in nature. In the year 2011, he made an application for absorption as a permanent employee before the school authorities. Upon no response being received he subsequently filed a writ petition before this Court. By an order dated July 20, 2015, a co-ordinate Bench of this court disposed of the writ petition by directing the Managing Committee of the school to consider the petitioner's representation for absorption and to pass a reasoned order after granting an opportunity of hearing. Following the court's order, the Managing Committee decided the said issue on September 17, 2015 that was communicated to the writ petitioner by letter dated October 5, 2015. In the said letter the Managing Committee stated that the Managing Committee did not have the authority to regularize the appointment of the writ petitioner as a 'GroupD' staff as they are not the appropriate authority. Accordingly, the petitioner's representation was considered and refused.

(3.) The petitioner has now filed a writ petition seeking a direction on the District Inspector of Schools (S. E.), Barrackpore to consider the representation made by him on September 9, 2011.