Calcutta High Court (Appellete Side)
Md. Basaruddin vs The State Of West Bengal & Ors on 9 January, 2014
Author: Arindam Sinha
Bench: Arindam Sinha
1
09.01.2014
Srimanta
01
W.P. No. 13496 (W) of 2005
Md. Basaruddin
-versus-
The State of West Bengal & Ors.
Mr. Sibaji Kumar Das....For the Petitioner.
Md. Yasin Ali,
Mrs. Tapati Samanta....For the State.
The writ petitioner has come up praying for release of
arrear salaries and incremental benefits with effect from 1st
May, 1996 to 20th January, 2000 on the ground that
approval of his appointment as Assistant Teacher in
Keshiadanga Ghanashyampur High Madrasah, P. S. -
Khargram, District - Murshidabad ought to have been given
from 1st May, 1996 instead of 21st January, 2000.
It appears that the writ petitioner had come to this
Court by way of his first writ petition being C.O. No. 10030
(W) of 1996 in which he had prayed for being treated as an
Assistant Teacher of the said Madrasah. That writ petition
was disposed of by order dated 5th September, 1996 by
directing the West Bengal Board of Madrasah Education to
pass a reasoned order with regard to the claim of the writ
petitioner. The Board by its order dated 22nd January,
1998 rejected the claim of the petitioner for being treated as
an Assistant Teacher of the said Madrasah.
The writ petitioner came up to this Court by second
writ petition being W. P. No. 2835 (W) of 1999 in which he
prayed inter alia - "Issue a writ in the nature of Mandamus
commanding the respondents, sub-ordinates, agents,
servants and each of them to absorb and/or to accord approval to the appointment of the petitioner as an Assistant Teacher at Keshiadanga Ghanashyampur High Madrasah with effect from the date of upgradation". The said writ petition was disposed of by order dated 21st January, 2000 by which this Court directed, inter alia, that necessary approval of the petitioner's appointment as Assistant Teacher in the concerned Madrasah be given without any delay, but in any case, positively within eight weeks from the date of communication of that order.
2Pursuant to such order the writ petitioner received approval of his appointment as Assistant Teacher by Memo. No. 77/2000 dated 13th April, 2000 granting him approval of appointment as on 21st January, 2000, the date of the said order passed in W. P. No. 2835 (W) of 1999.
The writ petitioner though had prayed for grant of approval from the date of upgradation in his said second writ petition but had only obtained the direction that approval be granted without delay and did not prefer any appeal from the said order dated 21st January, 2000. As such, in my view, the question of whether or not the petitioner should have been granted approval from the date of upgradation being 1st May, 1996, is closed. Hence, there is no substance in this writ petition and the same is, accordingly, dismissed.
(ARINDAM SINHA, J.)