JUDGEMENT
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(1.) THIS petition though was filed on behalf of both the petitioners Nos. 1 and
(2.) HEREIN but subsequently the petitioner No. 2 left the service and as such the learned Advocate of the petitioner confined his sub -missions only in respect of petitioner No. 1 and did not argue anything in support of the claims of petitioner No. 2. 2. The petitioner No. 1 was appointed as an Assistant Teacher of Dr. B.R. Ambedkar Vidyalaya on 26th March, 1976 and the petitioner joined the school as Assistant Teacher on 1st April, 1976. The petitioner no. 1 has claimed that he has been discharging his duties as an Assistant Teacher of the said school since the date of joining i.e. on and from 1st April, 1976.
(3.) THERE were only three approved posts of teachers in the school at the time of appointment of the petitioner No. 1 and admittedly the petitioner was not appointed against any approved vacant post of Assistant Teacher. However, the Secretary of the said school after appointing the petitioner No. 1 as an Assistant Teacher of the school, forwarded the relevant papers in respect of petitioner No. 1 to the District Inspector of Schools (PE), Calcutta for grant of approval of the appointment of petitioner No. 1.
The Secretary of the said school, thereafter, sent several reminders for approval of the appointment of the petitioner as an Assistant Teacher in the said Dr. B.R. Ambedkar Vidyalaya. The petitioner also bade several representations to various authorities including the Minister -in -charge, Department of Education, Govt, of West Bengal. The District Inspector of School (PE), Calcutta prepared a list of unapproved teachers working in normal/additional posts in different schools under Calcutta district on 5th January, 1985 and the name of the petitioner No. 1 has been specifically mentioned in the said list of unapproved teachers as working in the additional post in Dr. 1 B.R. Ambedkar Vidyalaya.;
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