PRATIBHA BANERJEE, J. - (1.) The present writ petition was moved before the Calcutta High Court on 18.4.85 and a civil order was passed directing filing of the affidavit -in -opposition and an interim order was passed staying the process of recovery of arrears of salary from the applicant until disposal of the application. It was further directed that if any recovery had been made in the meantime, that will abide by the result of the application, thereafter, the application was transferred to this Tribunal under Sec. 29 of the Administrative Tribunals Act. The applicant thereafter took out a M.P. No.33 of 1990 for amendment of the application and after hearing the parties, by our order dated 2.3.90, we rejected the said application on the ground that (i) the proposed amendment, if allowed, would be hit by multiple reliefs and (ii) the application was found to be defective.
(2.) The applicant belongs to the Schedule Caste Community and was appointed as an Assistant Teacher, Grade -IV on 3..7.1961 in S.E. Railway Mixed Primary School, Khurda Road in the scale of pay of Rs. 118 -225/ -
(3.) The Additional Chief Personnel Officer, Garden &each issued a notification on 5.8.77 to fill up the vacancy of Selection Grade Teacher, Grade IV in the scale of pay of Rs. 530 -630/ - (RS) and it was decided to distribute the posts Division wise according to the strength of Grade IV Teachers in each Division and the Divisional Authority will fill up the posts according to Division wise seniority and distribution would be on language basis as on 1.4.76. The said notification recorded that thirty -seven posts in Khurda Division were vacant. Two posts were for Bengali subject. It was also provided that suitability test must be conducted on the seniority basis. Later on, by another notification for upgradation dated 8.3.79, it was decided that filling up of Teachers for selection Grade -IV should be on seniority basis.;