- (1.) In this writ petition, the petitioner has, inter alia, challenged an order being Memo No. 23/1 (6) LC dated 19th March, 2007 passed by the Director of School Education pursuant to an order dated 30th June, 2005 passed by His Lordship the Hon'ble Justice Aniruddha Bose in W.P No. 2732 (W) of 2002 (Ms. Swadesh Kumar Gayen Vs. State of West Bengal and Others). By the order impugned, the Director of School Education has rejected the claim of the petitioner for regularization of his service as Organizing Clerk of Narayanpur Lakshminarayan Madhyamik Vidyalaya, hereinafter referred to as the school. By a Memo No. 10781/G dated 12th November, 1974 Narayanpur Lakshminarayan Madhyamik Vidyalaya, hereinafter referred to as 'the school', was recognized as a two Class Junior School. In 1989 the Managing Committee decided to upgrade the school as a four Class Junior High School and start Classes VII and VIII.
(2.) The petitioner has alleged that for the purpose of up-gradation, the school engaged teachers and staff. According to the petitioner, the respondent no. 6, Tapan Kumar Pradhan and one Buddhadeb Sasmal were appointed as Assistant Teachers and the petitioner was engaged as clerk with effect from 1st May, 1989. The petitioner has stated that he had been discharging duty without any pay.
(3.) It is pleaded that on 20th June, 1990, the Administrator of the school took a resolution being Resolution No. 20 dated 20th June, 1990, which is set out herein below:- "It appears for the statement of the Headmaster of the School that according to the decision of the former Managing Committee Class VII and Class VIII are showing in the School without affidavit of the competent authority and according to this advice of the Local well wishers of the School the undersigned has allowed the Voluntary teachers viz 1. Sri Tapan Kr. Pradhan B.Com and 2. Sri Buddhadev Sasmal B.Sc. (Bio) and one Voluntare Clerk viz Sri Sadesh Kr. Gayen (Madhyamik) to continue the extra two classes mentioned above and for clerical works of the social respectively and they are serving satisfactory since 1.5.89 without any remuneration. Hence, reserved that if either the school be upgradation or any Add. Post or normal vacancies be created by the competent authority the above named volunteer Asst. Teachers and clerk may be allowed to be appointed against the vacancies aforesaid according to the necessity of the school in future. They are serving to their own posts in the school very satisfactorily which seems become as sacrifice from their and in interest of the constitution. So, I feel responsibility to that they may avail first priority in case of appointment in the school. Their applications and testimonials should be kept under the custody of the Headmaster of the school for necessary action";