- (1.) In these three appeals, the facts and most of the points involved are the same as in two other appeals being F. M. A. T. No. 1380 and F. M. A. T. No. 1499 of 1981, both of which were disposed of by this Court by the Judgment dated January 11, 1982. These appeals have been preferred by the District School Board of Nadia against the judgment of B. C. Roy, J. making absolute the Rules Nisi issued on the applications of the respondents-writ petitioners under Article 226 of the constitution.
(2.) The respondents-writ petitioners are primary teachers. In 1972-73, a panel was prepared by the Director of Public Instructions, West Bengal. The respondents-writ petitioners were included in the said panel along with others pursuant to their applications for appointment to the posts of primary teachers under the District School Board, Nadia. They were appointed in deputation vacancies arising out of deputation of teachers of Primary Schools for undergoing training in the Junior Basic Training Institute. But they were no appointed in the permanent vacancies in the posts of primary teachers. It is not disputed that the respondents-writ petitioners had been working in deputation vacancies from time to time since 1973 or 1974. The Director of Public Instructions, West Bengal, by his memo. No. 6932(67) dated December 19, 1974 issued the following circular :- "Government of West Bengal. Education Directorate : Primary Branch. Memo no. 6923 (67) From: D. P. I. West Bengal. To : District Inspector of Schools (pry. Edn.) Sub:- Instruction regarding Appointment of teachers serving in Deputation Vacancies. The undersigned has to inform him that approved empanelled candidates appointed in deputation vacancies by the Dist. School Board may be absorbed in permanent posts during their service or within one year of expiry of the deputation term even if the validity of the panel where their names occur expires or a fresh panel is prepared in the meantime. S. N. Das. For D.P.I. West Bengal."
(3.) The said circular dated December 19, 1974 was, from time to time. Suspended and such suspensions were also relaxed, but ultimately, by an order dated November 3,1978, the Government of West Bengal issued an order which has been impugned in the Writ petitions. The said order is set out below :- Government of West Bengal. Education Department. Primary Branch. No. 1771-Edn(P) 9A-2/76 Dated, Calcutta, the 3rd Nov. '78 From: Shri M. N. Sinha Roy Deputy Secretary to the Govt. of West Bengal. To : The Director of Primary Education, West Bengal. Sub : Permanent absorption of Primary school teachers who worked in deputation vacancies. This undersigned is directed to refer to this Deptt. Memo. No. 1496 Edn (P) dated 30.8.78 on the above subject and to state that the matter has been reviewed by Govt and it has been decided that pending Government's full examination of the entire policy regarding ultimate absorption of deputation vacancy teachers on the mode and practice of such absorption, the final absorption of candidates who worked as primary teachers for one or more terms in deputation vacancies should be kept suspended until further orders. It is also requested that information wanted in para 2 of this department Memo No. 1653 Edn.(P) dated 7.10.78 may be furnished in order to examine the issue. Meanwhile this Deptt. G.O.No. 1496-Edn (P) dated 30.8.78 referred to above should be treated as cancelled. Sd/- M. N. Sinha Roy, Deputy Secretary.";