P.K.Ray, J. - (1.) In this writ application, originally the petitioner prayed necessary relief restraining the respondents District Inspector of Schools (SE) Siliguri from cancelling the Memo No. 550/SLG dated 22nd January, 1993 whereby present petitioner's service was approved as Assistant Teacher in Science Group with effect from 1st January, 1993, by the District Inspector of School (SE) Siliguri being Annexure 'G' of this writ application and prayed for necessary direction from this Court for release of salary, allowances and service benefits upon approving service with effect from 2nd April, 1984 as organized staff of the School. The writ petitioner prayed the following reliefs in this writ application: (a)a writ mandamus should not be issued commanding or directing the respondents not to withdraw or cancel or revoke the letter of approval of appointment of the petitioner in the post of Assistant Teacher in Science-Math. Group in Debigunj Vivekananda Junior High School, Police Station - Kharibari, District Darjeeling by the District Inspector of Schools (SE), Darjeeling vide his office memo No 550-SLG dated 22.1.93, referred to in annexure 'G' to this petition and to immediately make payment of the salary to the Petitioners with effect from 25.1.1993 and thereafter to go on paying the salary regularly and by month to the petitioner; (b) a further writ of mandamus should be issued directing the Respondents to approve the Petitioner's service in the post of Assistant Teacher in Debigunj Vivekananda Junior High School, Police Station Kharibari, District - Darjeeling with effect from 2.4.1984, since when the petitioner has been working as an organizing Assistant Teacher in the said School, and to pay all arrear salaries to the petitioner with effect from 2.4.1984; (c) a writ of certiorari should not be issued commanding the Respondents herein to certify and produce the original records, documents and files relating to the Petitioner's service in the post of Organizing Assistant Teacher and/or Assistant Teacher in Debigunj Vivekananda Junior High School, Police Station Kharibari, District - Darjeeling and/or relating to the annexures made to this petition before this Hon'ble Court so that conscionable justice may be done by quashing the same; (d) to pass an ad-interim order of Injunction restraining the Respondents and their sub-ordinate Officers, Employees, Agents and Representatives from cancelling, revoking and withdrawing the Memo No. 550-SLG., dated 22.1.1993 issued by the district Inspector of Schools (SE), Darjeeling, referred to in annexure 'G' to this petition and from disturbing the Petitioner's service in the post of assistant Teacher in Science-Math. Group in Debigunj Vivekananda Junior High School, Post Office Galgalia, Police Station - Kharibari, District - Darjeeling in any manner and of whatsoever nature till disposal of the Rule; (e) to pass further interim Order directing of commanding the Respondents and their Subordinate Officers, Employees, Agents to immediately make payment of salaries to the petitioner with effect from 25.1.1993 and to go on paying to the petitioner monthly salaries regularly and month by month till disposal of the Rule; (f) to issue such other or further writ or write, Direction or Directions as to Your Lordships may Seem fit and proper.
(2.) D.K.Basu, J. by the interim order wanted a report from the District Inspector of Schools (SE) Siliguri hereinafter refer to as concerned District Inspector of Schools to as why the salary was not released from the date of joining of the petitioner that is from 25th January, 1993. Further interim order was passed restraining the respondents from disturbing and/or interfering with the service condition of the writ petitioner and from withdrawing, revising and/or modifying the approval order dated 22nd January, 1993 being annexure 'G' of the writ application. The District Inspector of Schools concerned further was directed to release all arrear, salary and current salary month by month. Since payments were not released as per direction of this Court, contempt application was filed as affirmed on 24th November, 1993. By the order dated 7th June, 1996 concerned District Inspector of Schools was directed to submit the report. Managing Committee of the school submitted an application for vacating the said interim order of this Court and by the order dated 25th June, 1998 matter was directed to be heard along with main hearing of writ petition considering the same as Affidavit-in-Opposition. By the order dated 28th June, 1996 D.K. Basu, J. issued contempt rule for violation of the interim order of the Court regarding payment of salary against the concerned Officers. D.K. Basu, J. directed the Director of School Education, West Bengal to appears since positive ground was taken by the District Inspector of Schools concerned that due to non-approval of service by the said authority, payments were not made. However, from the order sheet it is found that this contempt application was not finally disposed of, but it is admitted by the petitioner that he got his salary and also was deputed for undergoing the B.Ed. course. The respective parties have filed Affidavit-in opposition and reply thereto.
(3.) The matter came up for hearing before me when it was found that on issue of regularization of service as organized staff in terms of the prayer of the writ petitioner and as per the earlier direction of Susanta Chatterjee, J. dated 12th December, 1989 passed in writ application C.O. 15704(W) of 1989, a decision was passed and communicated by Memo No. 669/1(6) SE-93 dated Calcutta 31st March, 1993 by the Director of School Education, West Bengal whereby such prayer of the writ petitioner was rejected, only on ground that writ petitioner joined the school in question after the school was inspected by District Level Inspection Team and petitioner was not at all an organized staff to get the benefit as prayed for.;