Calcutta High Court (Appellete Side)
Sri Dinesh Chandra Karjee & Ors vs State Of West Bengal & Ors on 5 June, 2014
Author: Arindam Sinha
Bench: Arindam Sinha
1
(01)
05.06.2014
(p.j.)
W.P. No. 10966 (W) of 2005
Sri Dinesh Chandra Karjee & Ors.
... Petitioners
-versus-
State of West Bengal & Ors.
... Opposite parties
Mr. Ekramul Bari
Mrs. Tanuja Basak ... for the petitioners
Mr. Anami Sikdar ... for the State
Mr. Biswarup Biswas ... for the respondent no. 5
The learned advocates appearing for the parties submit that the matter can be disposed of in similar manner as provided in order dated 5th September, 2013 made in W.P. No. 19252 (W) of 2001 (Kumaresh Chandra Mondal & Anr. Vs. State of West Bengal & Ors.). A copy of the said order is kept on record.
The writ petitioners are claiming that they are teaching and non-teaching staff of the concerned school. The writ petitioners made application for granting approval of their appointment as teaching and non-teaching staff. Although recognition of the school was granted but the petitioners' appointment were not approved. The writ petitioners came up before this Hon'ble Court by filing a writ petition being W.P. No. 14667 (W) of 2000 and the said writ petition was disposed of on 13th December, 2000.
2The Director of School Education by an impugned order dated 12th April, 2002 rejected the prayer of the writ petitioners on the plea that the writ petitioners were not the organising staff. Learned Counsel appearing for the State submits that pursuant to the order passed by this Court on 24th August, 2012 the concerned District Magistrate, Cooch Behar has submitted a report before this Hon'ble Court and in that report the appointment and continuation of the petitioners' service is accepted. It was recorded that they were working as unapproved staff in the school.
In view of the report submitted by the District Magistrate, Cooch Behar, the order passed by the Director of School Education on 12th April, 2002 is not sustainable. The impugned order is set aside. The report dated 10th October, 2013 of the District Magistrate, Cooch Behar, be kept on record.
The concerned District Inspector of Schools (SE) is directed to approve the appointment of the writ petitioners except petitioner no. 6 with effect from 5th June, 2014. However, notional benefits should be given to the petitioners from the date of the recognition of the school. Mr. Bari further submits that there should be a direction upon the Board for permanent recognition to the school be granted. Mr. Sikdar however submits that such direction is not necessary as the school stands recognised and it is functioning. The writ petition is disposed of.
Urgent photostat copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
( Arindam Sinha, J.)