- (1.) Let the affidavit in opposition filed on behalf of the respondent No. 7 be taken on record. The writ petitioner applied on 24th July, 2004, for the post of Samprasarak in agurkhali Madhyamik Siksha Kendra, situated within the jurisdiction of Beraberi Gram Panchayat in the district of North 24 Parganas, based on an advertisement issued on 17th July, 2004, by the Secretary. Managing Committee of the concerned Siksha Kendra, being the respondent No. 8. Consequently, he was appointed to the post-in-question on 1st September, 2004, based on an agreement entered into by and between the writ petitioner and 2 the Secretary of the concerned school on 16th August, 2004, which was to be valid for a period between 1st September, 2004 and 30th April, 2005. Subsequently, by another agreement dated 2nd May, 2005, the writ petitioner was reappointed as Samprasarak for the period between May 2005 and 30th April, 2006. His honorarium was, however, stopped from 1st April, 2005 and he was ultimately removed from service with effect from 26th September, 2006.
(2.) Thereafter, the writ petitioner approached this Court on at least two earlier occasions. Initially, he filed a writ petition, being W.P. No. 23906 (W) of 2006. which was disposed of on 11th October, 2007, by the Court, which directed the concerned respondent authority to consider the writ petitioner's representation within a certain time frame, after giving an opportunity of hearing to the petitioner and the added respondent, Smt. Dipa Ghosh and communicate his decision to the writ petitioner as well as Smt. Dipa Ghosh, after passing a speaking order. Based on such directions given by the Court, the entire matter was taken up for consideration by the concerned Block Development Officer, who rendered his decision on 17th December, 2007, which became a subject-matter of challenge in another writ proceeding initiated by the writ petitioner, being W.P. 441 (W) of 2008. This latter writ petition was disposed of on 17th January, 2008, with a similar direction. i.e. by directing the concerned respondent authority to consider the writ petitioner's representation filed on 3rd January, 2008, within a certain time frame, after giving a reasonable opportunity of hearing to petitioner and by recording a reasoned order. Consequent thereto, an order was passed on 14th March, 2008, by the Mission Director, Paschimbanga Rajya Shishu Shiksha Mission, which has now been challenged by the writ petitioner in the third round of litigation.
(3.) The impugned order dated 14th March, 2008, in its entirety, is reproduced hereinbelow:- In compliance with the order of Hon'ble Justice Sri Alok Kumar Bosu on the above noted writ application Sri Debasish Biswas, petitioner,' was asked to appear for hearing vide Memo No: 342 dated 4.3.2008 and Sri Biswas appeared today. He produced a copy of his representation dated January 3, 2008 and submitted that he has not been informed of the result of the interview which he had participated in. The main grievance of the present writ petitioner as recorded in his representation dated 3rd January, 2008 addressed to the Mission Director, Paschimbanga Rajya Shishu Shiksha Mission is that the interview which was held by the Managing Committee is not legal. It appears from the submission of Sri Biswas that in response to the advertisement inviting applications from prospective candidates for the post of a Samprasarak (Bengali) for the Magurkhali Madhyamik Siksha Kendra within Habra - II Block of North 24 Parganas district he also submitted an application in support of his candidature and participated in the interview taken by the Selection Committee. The very fact that he took part in the interview in response to the advertisement shows that disputing the interview on the question of legality was of little concern for Sri Biswas. It would not be fair to cancel the interview taken by the Managing Committee at this stage particularly the writ petitioner himself having participated in such interview in the hope of being selected for the post which was advertised. There is reason to believe that had the writ petitioner been selected or informed of his being selected through such interview he would not question the legality of the interview. The unpaid honorarium which is alleged to have been withheld by the Managing Committee must be released immediately as ordered by the Block Development Officer, Habra - II Development Block dated 17.12.2007, North 24 Parganas. Copy of this order be handed over to Sri Biswas immediately. Another copy may be served to the Secretary, Managing Committee of Magurkhali Madhyamik Siksha Kendra for strict compliance of this order.;