PUSPA SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : The petitioners claim to have been appointed as Assistant Teachers in Sarat Chandra Prathamik Vidya Mandir in 1974. They have relied upon two letters issued to them by the Secretary of the School. According to the petitioners since that date they have been working as additional teachers in the school. They have filed this writ application in 1994 asking for a direciton on the Education Authorities to approve the petitioners services.

(2.) The District Primary School Council has opposed the writ application. They have submitted that the writ application was grossly delayed and should not be entertained. The second submission is that the petitioiners had not been appointed by following the procedure. The letters of appointment have been criticised on the ground that they were not on the official school pad and that there was no mention of any resolution of the Managing Committee by which their appointment was made. It is pointed out that the appointment letter of the petitioner No. 2 did not even bear the seal of the school. Thirdly, it is said that the petitioners' appointments had never been forwarded by the Managing Committee of the school to the authorities for approval. Fourthly, it is submitted that there was no vacancy against which the petitioners could have been appointed. It is stated that it was for the District Authorities to create the post against which the appointment could be made and the Managing Committee of the school could not create a post.

(3.) The petitioners relied upon the decision in Jacob M Puthuparambil v. Kerala Water Authority : AIR 1990 SC 2228 to contend that they were entitled to be regularised because they have been in countinuous service without break and to the satisfaction of all concerned. This decision was considered subsequently by a larger Bench of the Supreme Court in Aswini Kumar v. State of Bihar : AIR 1997 SC 1628.