AJIT SANYAL Vs. BASIRUDDIN MONDAL

JUDGEMENT

(1.) In these three appeals, the facts and most of the points involved are the same as in two other appeals being F. M. A. T. No. 1380 and F. M. A. T. No. 1499 of 1981, both of which were disposed of by this Court by the Judgment dated January 11, 1982. These appeals have been preferred by the District School Board of Nadia against the judgment of B. C. Roy, J. making absolute the Rules Nisi issued on the applications of the respondents-writ petitioners under Article 226 of the constitution.

(2.) The respondents-writ petitioners are primary teachers. In 1972-73, a panel was prepared by the Director of Public Instructions, West Bengal. The respondents-writ petitioners were included in the said panel along with others pursuant to their applications for appointment to the posts of primary teachers under the District School Board, Nadia. They were appointed in deputation vacancies arising out of deputation of teachers of Primary Schools for undergoing training in the Junior Basic Training Institute. But they were no appointed in the permanent vacancies in the posts of primary teachers. It is not disputed that the respondents-writ petitioners had been working in deputation vacancies from time to time since 1973 or 1974. The Director of Public Instructions, West Bengal, by his memo. No. 6932(67) dated December 19, 1974 issued the following circular :-

(3.) The said circular dated December 19, 1974 was, from time to time. Suspended and such suspensions were also relaxed, but ultimately, by an order dated November 3,1978, the Government of West Bengal issued an order which has been impugned in the Writ petitions. The said order is set out below :-