ANJAN KUMAR PANDEY Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2012-1-626
HIGH COURT OF CALCUTTA
Decided on January 03,2012

Anjan Kumar Pandey Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

JYOTIRMAY BHATTACHARYA, J. - (1.) The petitioner has filed the instant writ petition seeking issuance of directions upon the respondent no.3, namely, the District Inspector of Schools (Secondary Education), Kolkata, to accord approval to the appointment of the petitioner as a non-teaching staff in Shree Vishuddhananda Saraswati Vidyalaya (Secondary and Higher Secondary). He claims that he was appointed as a non-teaching staff in the said school with effect from 1st November, 2004. Such appointment was offered to the petitioner by the retary of the Managing Committee of the said school, vide his letter dated 26th October, 2004. Since a vacancy has been created in a sanctioned post, the petitioner claims that his service in the said vacancy should be regularised. It is alleged by the petitioner that the Managing Committee of the said school has already submitted all necessary papers to the concerned District Inspector of Schools for approval of the appointment in the said sanctioned vacancy.
(2.) When this application is taken up for hearing, Mr. Baid, learned Advocate appearing for SVS Educational Charitable Trust which is a founder body, submits that his client has already filed a writ petition, being WP No. 24008(W) of 2010, challenging the validity and legality of the Managing Committee which was constituted on 19th February, 2004. It is submitted by him that the fate of the writ petition filed by the petitioner herein is dependent upon the fate of the writ petition filed by his client as in the event his client ultimately succeeds in their writ petition, the entire exercise which will be made by this Court so far as the present writ petition is concerned will be proved to be futile as the right of the petitioner even for consideration of his prayer for regularisation of his service will not mature as the initial appointment was given to him by an illegally constituted Managing Committee of the said school.
(3.) Considering such submission of Mr. Baid, this Court finds that the presence of Mr. Baid's client is necessary for complete adjudication of the dispute involved in this writ petition.;


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