DUKHIRAM SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 8th July, 1981, petitioner obtained this rule and interim order directing the respondents to maintain status quo as on date as regards working of the petitioner in the school concerned for a period of three weeks and respondents have given liberty to pray for extension of the interim order with a notice to the respondents. Subsequently, on 18th July, 1981, the interim order was extended till disposal of the rule. On 15th January, 1988, petitioner desired not to proceed against respondent No. 2, accordingly the rule was discharged so far respondent No. 8 is concerned and otherwise the rule was ready as regards service.

(2.) Petitioner in his writ petition has contended that petitioner, at all material time, was an Assistant Teacher of Korakathi Junior Basic School. In the year 1975, Satish Chandra Naskar, an Assistant Teacher retired and in the post created by such retirement, petitioner applied for the post of Assistant Teacher and volunteered his services till his appointment was regularised. Petitioner's aforesaid application was recommended by the then State Minister of Education, Sri Gobinda Naskar on 18th March, 1977, Deputy Assistant Inspector of School, Canning Circle caused an enquiry and found the petitioner working in the said school. In the said inspector's report the Inspecting Officer i.e., Deputy Assistant Inspector of School, Canning Circle observed that on the day of inspection i.e. 18th March, 1977, 141 students out of 207 students were present in the five classes i.e. from class I to class V and four. teachers had been rendering services at the material time. Names of the four teachers mentioned in the aforesaid report are as follows : 1.Sunil Kr. Mukherjee 2.Harendra Nath Safui 3.Panchu Gopal Sarkar 4.Barindra Nath Pal. In the said report it was also observed by the Inspector, inter alia, "It has been reported that a young man named Dukhiram Sardar, H. S., has been offering voluntary and free service in this school from November, 1975. He was permitted to work as a teacher in this school by the Attendance Committee. I am pleased with the behaviour of the teacher and the taught." Copy of the aforesaid inspection report is Annexure 'B' to the writ petition.

(3.) On. 15th November, 1978, Sri Sunil Kr. Mukherjee, Head Teacher, made a representation to the President and Secretary, of the District School Board, 24 Parganas, and the said representation was recommended by Deputy Assistant Inspector of School, Canning Circle as on 18th November, 1978, recommending absorption of the petitioner and admitting the factum of his voluntary service since 1976. The aforesaid application dated 15th November, 1978 was again forwarded by Deputy Assistant Inspector of School, Canning Circle on 18th January, 1979 by recording, inter alia, "Forwarded, Sri Dukhiram Sardar has been serving in Korakati Junior Basic School for more than three years. I found him working in the school with sincerity and devotion. He is really a poorman. The Statement of the Head Teacher seems to be a fact. Sri Sardar belong to a scheduled caste community. He deserves sympathetic consideration." The letter and recommendation of the Dy. Assistant Inspector of School, Canning Circle, are Annexure C R D to the writ petition. Petitioner has also contended that petitioner had been rendering service in the said school since 1975 and such claim of the petitioner was duly recorded and confirmed by the Head Teacher, Korakati Junior Basic School, Pradhan Nakaighata, Anchal Panchait and other members of the local panchait. Sometime on 26th April 1979, petitioner was directed to appear for an interview on 10th May 1979 at 2 P.M. and he was directed to produce several documents.