ALOK KUMAR LAYEK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Aggrieved by and dissatisfied with the order dated October 1, 2013 passed by the District Inspector of Schools (Secondary Education), Purulia, this writ petition has been filed. By the order impugned, the claim of the petitioner for absorption and regularization of his service in the post of an Assistant Teacher in one Tulin Tapoban Junior High School (hereinafter referred to as the said school) was rejected.

(2.) The facts of the case as pleaded in the writ petition are that the said school, which was established sometime in the year 1956 was initially a senior basic school. Sometime in the year 1969 the said school was converted into a 3 class (Class VI-VIII) Junior High School. On or about January 22, 1992 the respondent no.4 that is, the District Inspector of School (Secondary Education) Purulia, made an inspection in the said school for opening class-V and conversion of the said school to a 4 class (Class V-VIII) Junior High School. Anticipating, that recommendation for opening Class-V, would be given, the school authorities started admitting students in Class V and to meet the requirement of teaching staff in the newly opened Class V, the authorities of the said school, adopted a resolution in the meeting of its Managing Committee held on April 2, 1994 for appointment of the petitioner as an Assistant Teacher on provisional basis with effect from April 6, 1994 as an organizing staff of the newly opened Class -V in the said school. By a Memo No.65 (2)/Law dated July 7, 1998 the said school was recognized as a 4 Class Junior High School with effect from sometime in the year 2000. At the time of grant of such recommendation, the petitioner was already rendering continuous service in the said school and continued to render such service uninterruptedly. He possessed the academic qualification of M.A in Bengali. He was registered with the Employment Exchange since 1991 and was otherwise fit and eligible to be appointed as an Assistant Teacher.

(3.) It has been further averred that the petitioner was assured by the school authorities that upon approval of the said school as a 4 class Junior High School his case would be considered for formal approval as an Assistant Teacher in accordance with the existing rules and upon such assurance, the petitioner continued to render his services with utmost sincerity and dedication. Thereafter, two temporarily appointed teachers namely Sri Narayan Chandra Kundu and Sri Pashupati Mahato who were also provisionally appointed in the year 1996 were being considered for regularization. The petitioner made a representation, before the respondent authorities asserting his claim for grant of approval upon regularization. His claim was based on Memo no. 117-SP(S)/4A-50/93 dated February 24, 1995 issued by the respondent authorities which provided for approval of appointment of organizing teaching and non-teaching staffs in schools newly recognized as 4 Class Junior High School, in order of seniority provided that the names of such teaching and non-teaching staffs figured in the final inspection report leading to such recognition/up gradation and they had the minimum prescribed qualification on the date of initial appointment. The inaction of the respondents in granting approval to the petitioner gave rise to filing of W.P. 12661 (W) of 2000 before this Court. The said writ petition was heard by a learned Single Judge of this court and by an order dated February 15, 2012, the learned Single Judge directed the respondent authorities to accord approval to the petitioner as an Assistant Teacher within 3 weeks from the date of communication of the order. The state respondents preferred an appeal being MAT 1433 of 2012 assailing the aforesaid order before the Hon'ble Division Bench and the said appeal was disposed of by the Hon'ble Division Bench on June 19, 2013, inter alia, with a liberty to the petitioner to make a representation, within 3 weeks from the date of the said order, to the respondent no.4 with a further direction upon the said respondent to dispose of the said representation by passing a reasoned order in accordance with law within 3 months upon hearing all concerned. A hearing was scheduled to be held on September 6, 2013 at 12:30 P.M in the office of the respondent no.4. The petitioner was asked to attend the said hearing along with necessary papers and documents in support of his claim. The petitioner, produced photo copies of his initial appointment letter issued by the Headmaster/Secretary, Managing Committee of the said school and the attendance register in support of his claim and as evidence that he had been rendering uninterrupted and continuous services in the said school since thereafter.