M.H.S.Ansari, J. - (1.) -The petitioner in the instant case has prayed inter alia, for directions as under; "(a) A writ in the nature of Mandamus commanding the respondents their men, agents and all of them to regularise the service of the petitioner in the respondent school in the additional post of Clerk where the petitioner was directed to work as Class-III additional post of clerk for a period of 28 years where the petitioner is rendering his service very effectively to the entire satisfaction of the resondents condoning the age bar for regularisation of the aforesaid post for which the concerned authority already given sanction vide Memo. No. 392/1 (125) GA dated 15/3/1999." The petitioner in the instant case has prayed inter alia, for directions as under; "(a) A writ in the nature of Mandamus commanding the respondents their men, agents and all of them to regularise the service of the petitioner in the respondent school in the additional post of Clerk where the petitioner was directed to work as Class-III additional post of clerk for a period of 28 years where the petitioner is rendering his service very effectively to the entire satisfaction of the resondents condoning the age bar for regularisation of the aforesaid post for which the concerned authority already given sanction vide Memo. No. 392/1 (125) GA dated 15/3/1999."
(2.) The case pleaded by the petitioner is that he was appointed as Class IV staff in the respondent school on 1.5.1968 and was duly approved by the concerned DIS (SE) vide Memo. No. 1903-S dated 4.5.1988 (annexure 'B' to the writ application). The petitioner states that the respondent school authority engaged the petitioner to work in Class III Clerical post on account of increase in roll strength of the students in the institution from the year 1971 and since then the petitioner has been entrusted with and is rendering service as Clerk to the utmost satisfaction of the school authorities. The petitioner relies upon a resolution said to have been taken by the school authorities that whenever additional post of Clerk is sanctioned the petitioner would be absorbed in the same post. The petitioner alleges that the respondent school authorities have not taken steps for regularisation of the service of the petitioner except giving false assurance to the petitioner. An additional post of Clerk was sanctioned vide Memo. No. 392/1 dated 15.3.99 and instead of regularising the service of the petitioner as a Clerk in that post, the school authorities, it is stated, are taking steps to fill up the same by calling for names from the employment exchange. The date of interview, it was stated is 19.3.2000. Interim relief was claimed to fill up the said post.
(3.) By an order dated 15.3.2000, Barin Ghosh, J., inter alia directed as under; " I think the appropriate interim order would be, while calling for affidavit, to direct the school authority to complete the process of selection, issue letter of appointment and to obtain approval for such appointment but with the direction that the appointee shall not join the post without express leave of the Court.";