Pratap Kumar Ray, J. - (1.) Heard the learned Advocates appearing for the parties. It appears that Subhro Kamal Mukherjee, J. by the judgment dated 9th July, 2002 in W.P. No.6631 (W) of 2002 directed the respondent No.4 to this effect: "The respondent no.4, is directed to accord approval of the panel submitted by the school authorities for appointment of Group 'D' staff (matron) in the school within four weeks from the date of communication of this order to him."
(2.) In pursuance thereof the panel was approved and the petitioner was appointed in the school in question on 4th November, 2002 and working in the school. However, no salaries, allowances and service benefits have been released, by Memo No.234-C dated 11th March, 2003, the Additional District Inspector of Schools (SE), Contai, Sub-Division-Contai has refused to accord the approval of appointment of the petitioner as the Class IV staff of the said school only on the ground of financial embargo as imposed in terms of the Memo No.4100-FB dated 13th December, 2000. The petitioner in the writ application has challenged the said decision of Additional District Inspector of Schools. From the Memo dated 13th December, 2000 about financial embargo it appears that a direction was given to all the authorities to seek prior approval of appointment committee of the Cabinet before making such appointment. The appointment of Class-IV staff of the Secondary School is controlled and guided by memo No.1736(21) G.A. dated, Calcutta, the first day of November, 1999 issued by the Director of School Education, West Bengal. The relevant provision of Clause 2(f) of the said memorandum reads thus : "2(f) No casual appointments be made except in rare cases with prior approval of Finance Department. No reemployment would be allowed on any grounds. Except for the posts where recruitment is through the Public Service Commission, no vacant post irrespective of the duration of vacancy can be filled up without prior approval of the Appointments Committee of the Cabinet. Treasury would not pass the salary bill of any new employee, if along with his first salary bill a Government order clearly stating that clearance of Finance Department has been taken for filling up the vacant post is enclosed. This will not apply to promotion posts."
(3.) In terms of the said circular letter of financial embargo, the Managing Committee accordingly had the responsibility to seek prior approval of Appointment Committee of the Cabinet before issuing the appointment letter in favour of the petitioner. The Managing Committee of the school, who appointed the petitioner in the Group 'D' post is controlled and guided by the Rules of Management of Recognised Non-Government Institutions (Aided and Unaided) Rules, 1969, (hereinafter referred to for brevity as Management Rules of 1969). Under Rule 28 of the said Management Rules, 1969, the Managing Committee has the power to appoint non-teaching employees on permanent or temporary basis against permanent or temporary vacancies subject to the provision of grants-in-aid scheme or pay revision scheme or any order or direction of guidelines issued by the State Government or the Director in connection therewith and in force for the time being. Rules 28(1) (ii) under the heading 'Powers of Committee' reads thus : "28(1) In an aided institution the Committee shall, subject to the provisions of any Grant-in-aid Scheme or Pay Revision Scheme or any order or direction of guidelines issued by the State Government or the Director in connection therewith and in force for the time being, have the power. (ii) to appoint non-teaching employees on permanent or temporary basis against permanent or temporary vacancies, if and when available, within the sanctioned strength of non-teaching employees and on approval by the Director or any officer authorised by him, such approval being sought for within a fortnight from the date of decision of the Committee in this behalf.";