Calcutta High Court (Appellete Side)
Debashis Saha vs State Of West Bengal & Ors on 2 June, 2016
Author: Arijit Banerjee
Bench: Arijit Banerjee
1
02.06.2016.
s.h./d.p.
W.P. 9777 (W) of 2016
Debashis Saha
-versus
State of West Bengal & Ors.
Mr. Subir Hazra,
Ms. Kakali Samajpaty.
...For the Petitioner.
Md. Manuwar Ali.
...For the State.
Mr. Manik Ch. Das.
...For the Respondent No.5.
By his letter dated 7th July, 2014, the Secretary of Debipur R.L. Saha High School (H.S.) appointed the writ petitioner as an Assistant Teacher in Social Science Group. He would get the salary and allowances as per Rules on the approval of the service by the concerned District Inspector of Schools (SE). This approval was never made. It is submitted by the learned counsel for the State that this appointment is absolutely illegal.
Considering the ratio in the case of Uma Devi reported in (2006)4 SCC, page 1, I do not think this kind of appointment is illegal but can be "irregular" on the principles of that judgment. This appointment did not say that the writ petitioner was temporary or ad-hoc teacher but stated that he was a regular staff of the school on "substantive basis" subject to approval of the District Inspector of Schools (SE). That is why I say that the appointment was irregular.
2Now the grievance of the writ petitioner is that he had been working from 2014 and should be regularized accordingly. The writ petitioner is working as an Assistant Teacher of the School and there is vacancy.
Considering the fact that the appointment of the writ petitioner was irregular, in terms of Uma Devi's case, I am of the view that according to the principles enshrined in that judgment, an irregularly appointed employee can be regularized subject to vacancy and in appropriate circumstances.
Considering the aforesaid, I dispose of this writ application by directing the District Inspector of Schools (SE), Malda to approve the writ petitioner as a regular Assistant Teacher in the sanctioned vacancy within a period of three months from the date of the order.
The writ application is, thus, allowed.
Since no affidavit-in-opposition has been called for, the allegations contained in the petition are deemed not to be admitted.
Urgent certified photocopy of this order, if applied for, shall be given to the parties subject to compliance with all requisite formalities.
(Arijit Banerjee, J.)