Amitava Lala, J. - (1.) The writ petition is made by the petitioner for the purpose of an approval of service since she is working in the school from 2nd August, 1982 as organiser teacher. Her name appeared in various Inspection Reports held on 11th April, 1983 and on 20th December, 1991. The original recognition of the institution was made as II Class Junior High School i.e. classes V & VI with effect from 1st January, 1974 and thereafter it has been upgraded. It appears that 16 posts were sanctioned in the said recognised Junior high school and 14 teaching and 2 non -teaching staffs (organizing) were approved in the said posts from time to time. One Smt. Hasi Dutta, the recognised Assistant Teacher retired from service on superannuation on 31st August. 1997. Therefore, a vacancy was created by virtue of such retirement On 20th July. 1997 the petitioner made an application giving details of the service tenure and to put the case of the petitioner before the appropriate authority for the purpose of approval of her service. The Managing Committee resolved in a meeting dated 20th July, 1997 itself that the case of the petitioner be recommended and forwarded to the District Inspector of Schools (S.E.), Barrackpore, 24 Parganas (North) for absorption against the vacancy caused by superannuation of Smt. Hasi Dutta with effect from 1st September, 1997. All necessary papers were sent to the concerned District Inspector of Schools on 2nd August, 1997. Inspite of receipt of the same, the concerned District Inspector of Schools was sitting tight over the matter without taking any effective steps for approval of the service of the petitioner against such sanctioned post. It is significant to note here that the Board permitted students of Class X of such school to sit in the Madhyamik Pariksha on and from the year 1982 till 1988 either by granting special permission or on the basis of the order of the Hon'ble High Court. It is further important to note that said Smt. Hasi Dutta had been working in the school as organiser teacher since 1st January, 1987 and her service was approved in the said school with effect from 15th December, 1987. Initially her service was approved for two years' continuous service and thereafter on permanent basis which will be evident from the Annexure 'G' to the writ petition.
(2.) The petitioner contended that there is no chance in future in getting an employment in an educational institution having regard to the fact that the petitioner had already crossed the age bar prescribed under the rules. The respondent should have approved the service of the petitioner to save the family of the petitioner in these hard days. The petitioner further stated that as per the practice prevailing in the said school the services of the teaching and non -teaching staff were approved as organizing teaching and non -teaching staff by way of absorption. In the instant case, she has been rendering service from the year 1982 and, as such, the service of the petitioner ought to have been approved by way of absorption as was done by the authorities in the other cases. Several representations were made but all are in vain. It is further significant that the petitioner was appointed as organiser teacher on a monthly salary as per Government scale when the service of the petitioner would be approved by the Education Department after upgradation of the school or by creation or sanctioned of post if available, in recognised junior section. Since one sanctioned post is available by now there cannot be any impediment to regularize the petitioner on earlier occasion invoked the writ jurisdiction of this court being W.P. 13532/(W) of 1998 when by an order dated 10th December, 1998 a Single Bench of this Court was pleased to dispose of such writ petition directing the concerned District Inspector of Schools to consider and dispose of the case of the petitioner in accordance with the provision of law and by giving an opportunity of hearing and taking into consideration of all relevant notifications, circulars, Government orders in this regard as expeditiously as possible, preferably within a period of three months from the date of communication of this order. In pursuance of the said order the concerned District Inspector of Schools was pleased to hear out the matter on 2nd February, 1999 but till date no communication has been made with regard to such hearing.
(3.) It is also significant to note that one Smt. Chhaya Banerjee, another Assistant Teacher suddenly expired on 29th May, 1998. Therefore, another post became vacant. One Smt. Gita Banik had been serving in the institution on and from 1st September, 1982, junior to the petitioner moved the Hon'ble High Court at Calcutta on 2nd August, 1999 by way of a writ petition being W.P. No. 12430(W) of 1999 and after contested hearing District Inspector of Schools was directed to regularize and/or absorb and/or approve the service of said Smt. Gita Banik in the place and instead of deceased teacher. It has been recorded in the order that it was submitted by the said respondents that another teacher is entitled to be absorbed. According to the petitioner, such teacher is no one than the petitioner. It was also recorded that the Learned Counsel appearing for the writ petitioner therein submitted that this writ petitioner has already been regularized in another vacancy. Such order is annexed with the writ petition as Annexure T.;