- (1.) The direction for payment of salaries and other benefits to the writ petitioners equal to that of the regular scale of pay and at par with full-time permanent teachers of the concerned school by the judgment dated 4th July, 2019 has given rise to the present appeal.
(2.) Shorn of details, the Government of West Bengal, School Education Department, by a notification No. 219-SE (HS) 6A-5/01 dated 6th June, 2002, created 900 posts of part-time teachers for the Higher Secondary sections of the Higher Secondary Schools in West Bengal on a fixed pay of Rs. 2,000 per month on contract basis as part-time teachers to be filled by the Managing Committee/Ad-hoc Committee/Administrator of the Higher Secondary School, inter alia, on the following terms and conditions: (i) The period of contract should be for one year with a provision for renewal with a break. (ii) The teaching load for such part-time teacher should be normally 10 periods per week and these posts are meant for up-gradation of Higher Secondary Schools.
(3.) By a subsequent notification dated 8th August, 2002, being Memo No. 642- 1(2a)-SE (HS), the Director of School Education, Government of West Bengal, issued directions to different schools to take immediate steps to fill up the regular posts by bringing the matter to the respective School Service Commissions through the concerned District Inspector of Schools in strict compliance with the Reservation Rules (100 point roster) and all other rules and procedures, as framed by the Government from time-to-time. The posts sanctioned, meant for part-time (contract basis) teachers were also directed to be filled up simultaneously, as per the terms and conditions laid down in G.O. No. 219-SE (HS) dated 6th June, 2002. Following the aforesaid, the Director of School Education published guidelines for recruitment of part-time assistant teachers of recognised Non-Government Higher Secondary Schools/Madrasas in terms of G.O. No.1253-SE (S) dated 9th September, 2002. The said guidelines stated that all appointments would be made strictly according to the aforesaid guidelines and against such part-time teaching posts only which have been sanctioned by the School Education Department. All the candidates would be selected by the Selection Committee to be constituted in terms of the said guidelines. The appointments made on the basis of such guidelines would be purely on temporary and contractual basis and for a period of one year. The guidelines made it clear that before issuing the appointment letter the contract paper in the proforma prescribed by the Director of School Education would have to be signed by the candidate and the School Authority. All the candidates selected in terms of the aforesaid guidelines have signed the 'Proforma for appointment of part-time teacher in Higher Secondary Section on contractual basis', which contains the following terms and conditions: 1. The appointment of the part-time teacher would be purely temporary and on contractual basis for 1 (one) year with effect from the date of joining, provided his/her service in the institution is found satisfactory throughout this period of 1 (one) year on a fixed pay of Rs. 2,000/- (Rupees two thousand) only per month without any allowances. His/Her service would automatically be terminated on expiry of the period of 1 (one) year or, earlier, if his/her performance in the school is not found satisfactory and/or in violation of condition (2) below and as provided herein below. 2. The teaching load of the part-time teacher would normally be (10) ten periods per week and he/she would carry out his/her duties in the School/Madrasa as allotted to him/her. 3. During the vacation period also, the part-time teacher would get the consolidated pay as stated above. 4. He/she will not claim for an appointment on regular basis on expiry of his/her term. 5. His/Her appointment is terminable with 1 (one) month's notice on either side and before completion of the contractual period of 1 (one) year. ;