HARADHAN GHOSH Vs. NABA KUMAR BANERJEE

JUDGEMENT

(1.) This appeal has been preferred from an Order dated 8th August 1997 rejecting an application filed by the appellant for review of an order dated 15th June 1995 setting aside the appointment of the appellant as an Assistant Teacher and directing the appointment of the respondent Naba Kumar Banerjee in his place.

(2.) The appellant had joined as an organising teacher in the Huria Junior High School (referred to as the School) on 9th August 1978. When the appellant joined the school, the respondent Naba Kumar Banerjee had been serving in the school as an organising teacher for a little over a year having joined the school as an organising teacher on 1st July 1977. The school was granted recognition on 1st January 1986 by the District Inspector of Schools (SE), Hooghly. Both Nabakumar and appellant were found working. The inspection report contained Nabakumar's name at serial No. 5 and the appellant's name was serial No. 6. As the names of the appellant and Naba Kumar were not forwarded for approval to the DIS for appointment, Naba Kumar filed a writ application [C.O. No. 121 (W) of 1987] (referred to as the first writ petition) which was disposed of on 9th January 1987 by directing the Director of Secondary Education (DSE) and the DIS to consider the case of Naba Kumar and till such consideration was made, Naba Kumar's functioning should not be disturbed. In 1989 Nabakumar and the appellant jointly moved a writ application [C.O. No. 12784 (W) of 1989] (referred to as the second writ petition) praying for approval of their appointment as Assistant Teachers. On 2nd May 1991 the DSE sanctioned and additional post of Assistant Teacher in the School in the social science group. In 1991 the appellant alone moved a writ application [C.O. No. 7649 (W) of 1991] (referred to as the third writ petition) asking for approval of his appointment against the additional post. Nabakumar was not made a party. The third petition was disposed of on 11th June 1991 by directing the DIS to call for the records of the school and if it appeared that the appellant had been discharging duties as a teacher for the last 12 years proper action was to be taken on the basis of Government Circular dated 20.12.1984. The DIS was directed to hear the appellant in the present of the School authorities and a reasoned order was directed to be passed within three months. As Naba Kumar was not made a party to the third writ petition he was not heard. On 11th November. 1991 the DSE allowed the DIS to accord approval to the appellant against the additional post after the DIS verified the original documents in support of the appellant's qualifications and date of birth.

(3.) On 27th November 1991 Naba Kumar moved a writ application [C.O. No. 13821 (W) of 1981] (referred to as the fourth writ petition). The appellant was made the respondent No. 7 in the fourth writ petition. An order was made on 27th November 1991 restraining the authorities from approving the appointment of the appellant for a period of six weeks. On an application filed by the appellant for vacating the interim order, an order was passed on 7th January 1992 modifying the interim order to the extent that the decision of the concerned authority to accord approval to the appointment of the appellant would abide by the result of the writ application. On 3rd March 1992, the DIS approved the appointment of the appellant provisionally and subject to the decision in the fourth writ petition.