STATE OF WEST BENGAL Vs. PRABIRKUMAR DAS

JUDGEMENT

(1.) HEARD the learned Advocates appearing for the parties.

(2.) ASSAILING the judgment and order dated 13th November, 2003 passed by the learned trial Judge in W. P. No. 16433 (W) of 2003 this appeal has been preferred along with application under Section 5 of the Limitation act. The impugned order of the appeal reads such:-"considering the facts and circumstances of the case that the petitioner is working as Assistant Teacher in Social Science Group in the concerned school in question on and from 23. 8. 1997 and also annexures to the writ application, the District Inspector of School (S. E.) concerned, is directed to give necessary approval to the petitioner's appointment as an Assistant Teacher in the concerned post in the school in question without any delay, but in any case, positively within four weeks from the date of communication of this order and without raising any question of age bar. It is also an admitted position that the petitioner is working in the school in question without any remuneration for a considerable period and, as such, after approving the petitioner appointment his salaries as Assistant Teacher of the school should be paid by the concerned respondent also within two months from the date of giving such approval. The writ petition, is thus, disposed of as above without any order as to costs. Let a xerox plain copy of this order, duly counter-signed by the Assistant Registrar (Court) or the ACO be given to the learned advocate appearing for. the petitioner on the usual undertakings. "

(3.) THE writ petitioner-respondent moved the writ application seeking regularization of service as Assistant Teacher in Social Science Group in the concerned secondary school, which is controlled and guided by the rules for Management of Recognized Non-Government Institutions (Aided and Unaided) Rules, 1969, hereinafter for brevity referred to as