RAJEN RAJBANSHI Vs. GIRIBALA KALITA

JUDGEMENT

(1.) This Writ Appeal has been filed against the order dated 30,4.96 of the learned single Judge in Civil Rule No. 1619/95.

(2.) By the impugned order dated 30,4,96, the learned single Judge directed the State-respondent to fill up the post of second teacher in Kerpabhitha Binapani LP School, Goreswar, by appointing the respondent- petitioner, Smt Giribala Kalita, within one month from the date of receipt of certified copy of the order. As far as the appellant-respondent is concerned, the learned single Judge has given a direction that an enquiry be made to the nature of service rendered by the appellant-respondent (respondent No.3 in the Civil Rule) and after making through enquiry his case may be taken up for regularisation in service in accordance with law in any other available post other than the post of second teacher in the Kerpabhitha Binapani LP school.

(3.) Mr. A.S. Choudhury, learned counsel for the appellant, has urged before us that it is the appellant who has been working as second teacher and he is entitled to be appointed and regularised in that post and the order passed by the learned single Judge giving direction to appoint the respondent-petitioner is liable to be set aside.