ASHOKE KUMAR DASADHIKARI,J. - (1.) The controversy in this application is that although the appointment of the petitioner was regularised with post-facto approval with effect from 7th April, 1976 but latter on this was cancelled and post-facto approval was given on and from 2nd November, 1976 i.e. after 7 months from 7th April, 1976. The writ petitioner's case is that although he was working in a leave vacancy on and from 7th April, 1976, the concerned teacher retired retrospectively with effect from 7th April, 1976 and on that basis the writ petitioner's approval was given on and from 7th April, 1976.
(2.) It was submitted that the cancellation of the previous approval with effect from 7th April, 1976 is illegal and arbitrary. It was further submitted that the approval with effect from 2nd November, 1976 is also not correct since the teacher on whose leave vacancy the petitioner was working in the concerned school since 7th April, 1976 have retired retrospectively with effect from 7th April, 1976 and the concerned District Inspector of Schools approved the same for which he was getting his salary. It was submitted that for this controversy the petitioner is not getting his pension after his retirement.
(3.) At the time of call nobody is appearing for the respondents. In spite of direction no affidavit-in-opposition was filed.;