JUDGEMENT
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(1.) The Writ Petitioner possesses an academic qualification of B.A.
in History, Political Science and Social Science 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.
(3.) 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.;
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