Prabir Kumar Samanta, J. - (1.) Despite directions the respondents have not filed any affidavit-in-opposition to this writ petition nor contested the same at the hearing of this writ petition. Affidavits of service as filed by the petitioner are kept on record.
(2.) It appears from the documents annexed to the writ petition that the State Government by its G.O. No. 247-Wdn. (TP)/14D-5/87 dated 8.5.87 had been pleased to sanction the creation of a post of mathematics instructor in the scale of pay mentioned therein for Fulia Polytechnic at Nadia upon introduction of two years grade course in the said Polytechnic. The Deputy Director of Technical Education, West Bengal by his letter dated 13.11.87 addressed to the Secretary to the Government of West Bengal, Education Department (TP Branch) intimated that the Recruitment Rules for the post of mathematics instructor of Fulia Polytechnic had not been settled by Government. The two years trade course had since been introduced from the session 1987-88 and in the absence of a mathematics instructor the teaching programme of two years trade course had been suffering a lot, so the Superintendent, Fulia Polytechnic approached the Director for filling up of the said post without any further delay. In the said letter it was proposed that a Recruitment Rule for the said post be framed by prescribing essential qualification as Science Graduate (B.Sc.) of a recognised university with physics, chemistry and mathematics as combination subjects, preference would be given for teaching experience. It was clearly mentioned therein that since it would take some time to prescribe the Recruitment Rules by the Government so far the academic interest of the said Polytechnic necessary permission may be accorded to the Director to appoint a candidate on ad-hoc basis to the said post subject to the conditions as laid down in the Education Department Memo No. 755 Edn.(T) dated 7.4.1966. However, no steps were taken to fill up the post. Further by a letter dated 17.12.1991 the said Superintendent, Fulia Polytechnic again informed the Director of Technical Education that the standing committee responsible for granting affiliation of trade courses to N.C.V.T. had advised for filling up of the said vacation post of mathematics instructor. Accordingly request was made for filling up of the said post before August 1992. It was further proposed that for such purpose a candidate may be selected by the Selection Committee as may be constituted by the Director from amongst the candidates that would be sponsored by the local employment exchange. The said Director was thus requested to take steps in the matter in the academic interest of the said Polytechnic with the approval of the Government as it would take more time to prescribe the recruitment rule on for making recruitment through Public Service Commission. The Director of Technical Education in his turn by a letter dated 28.2.1992 requested for Government to consider the case and issue necessary orders for framing recruitment rules at an early date and in the mean time to accord a permission to the Director of Technical Education, West Bengal to appoint a candidate on ah-hoc basis to the said post.
(3.) The petitioner accordingly came to be appointed to the post of Mathematics Instructor in the aforesaid Fulia Polytechnic. From Memo No. 712-End.(TP) dated 4.11.1992 issue by the Department of Technical Education and Training, Government of West Bengal addressed to the Director of School Education it appeared that the Governor was pleased to approve the selection of the writ petitioner for an appointment to the said post on ad- hoc basis in the academic interest of the Institution in the aforesaid pay scale plus usual allowances as admissible under the existing rules of the Government with effect from the date on which he would join the said post. However, such appointment was made initially for a period of three months with a direction upon the Director of Technical Education, the appointing authority to issue a formal letter of appointment to the petitioner. It is not in dispute that the petitioner had the requisite qualification for being appointed in the said post. His such appointment was extended from time to time with breaks of one or two days in the intervening periods, extension being made at time of six to eight months. While last such extension was made by an order dated 9.1.2002 of the Deputy Secretary, Government of West Bengal Department of Technical Education and Training for a period of 6 months with effect from 5.7.2001 on a fixed pay of Rs. 4000 p.m. plus other allowances as admissible under the rules, a stiputlation was made therein that such ad-hoc appointment shall in no case ensure regular appointment in such capacity and no claim in this regard shall be entertained in future. Interestingly the petitioner continued to render his service as mathematics instructor in the academic interest of the institution even after the expiry of the aforesaid period. The Director of Technical Education and Training, West Bengal was accordingly by a letter dated 22.5.2002 of the officer-in-charge of the said Institute requested for permanent absorption of the petitioner. The said letter did not produce any result. Hence this writ petition for regularisation of the service of the writ petitioner in the said post.;