- (1.) The Writ Petitioner possesses an academic qualification of M.A. in Bengali and also registered himself with the Employment Exchange since 1991. On 2nd April, 1994 the Managing Committee of the Tulin Tapoban Junior High School had resolved to appoint the petitioner as an organising teacher for Class V. he was granted appointment on provisional basis without any remuneration with effect from 6th April 1994 by the Secretary, Headmaster of the above Junior High School and such appointment was approved by the Managing Committee of the school at its meeting on 10th April 1994. The school Authorities had applied for upgradation to Class VIII and the District Inspector of School made an inspection for upgradation in January 1992 and recommended the same. The petitioner since April 1994 continued to render service most sincerely to the satisfaction of the school Authorities but in 1996, two persons who were rendering service as organising teacher much later than the petitioner, were appointed as Assistant Teachers. These two persons namely Narayan Chandra Kundu and Pashupati Mahato were given appointment as Assistant Teachers in the upgraded classes though the petitioner who had been rendering service since 1994 was not at all considered and therefore he made representation to the District Inspector of School (SE) Purulia to consider his case for appointment as Assistant Teacher in the said school. But his representation was ignored and he was not appointed as Assistant Teacher in the upgradation of the school though two persons junior to him were appointed.
(2.) Therefore, being aggrieved and dissatisfied with the action of the Respondent Authorities, this writ petition has been filed by the petitioner as he having rendered service as provisionally appointed as organising teacher ought to have been appointed as Assistant Teacher upon the upgradation of the school. The Respondent Authorities have arbitrarily ignored to consider the petitioner s representations for being appointed as Assistant Teacher. Nor has any proper submission made by the Respondent Authorities as to why they have not considered the appointment of the petitioner. Therefore, this Writ petition is being allowed and the Respondent Authorities are being directed to accord approval to the appointment of the petitioner as Assistant teacher and also the Respondents are restrained from appointing any other persons who are junior to the petitioner. The Respondent Authorities are directed to appoint the petitioner within three weeks of communication of this Order. Urgent Photostat certified copy of this order, it applied for, be given to the parties expeditiously on priority basis.;