- (1.) The appeal and the application are treated as on day 's list and disposed of by the common order.
(2.) The appeal is arising out of an order dated 9th August, 2019 whereby the prayer of the appellant to grant notional benefit from the initial date of the appointment of the appellant was turned down by the Learned Single Judge.
(3.) The fact of the case has chequered history. The Managing Committee of Badalpur N.C. Vidyapith (hereinafter referred to as the 'said School'), by a Resolution dated 29th June, 1994, appointed the appellant as an Assistant Teacher of the said School with effect from July 15, 1994. Since the appellant was not getting the benefit of approval of appointment on the post of Assistant Teacher in the said School, which prompted the appellant to file writ petitions one after another and four writ petitions were filed by the appellant seeking approval of the appellant upon regularising his service. Ultimately, on a writ petition being, WP 20991(W) of 2000, the learned Single Judge passed an order dated 6th January, 2005 with the following directions: ".... Having heard the parties and considering the ratio of the judgments reported in 2004(2) WBLR-243 (Cal.) (The Chairman, Ad-hoc Committee, Calcutta District Primary School Council vs. Smt. Alpana Devi and Ors.) and 2004 (2) CHN 298 (Bodhi Ranjan Maity vs. State of West Bengal and Ors.) and on perusing the order impugned I am of the view that since the order of refusal has been made in accommodating the petitioner for not having the appropriate vacancy as per the staff pattern in the school the same cannot be said to be a refusal in merit. Therefore, instead of setting aside the order impugned and sending the matter back, I direct the authority to accommodate the petitioner in the service as and when the appropriate vacancy as per the staff pattern will be available ignoring the age bar, if any. Thus, the writ petition stands disposed of. However, no order is passed as to costs. Let an urgent xeroxed certified copy of this order, if applied for, be given to the learned Advocates for the parties within two weeks from the date of putting the requisites. Sd/- (Amitava Lala, J.)" ;