PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of a Group-D staff of the BSF Senior Secondary Residential School, Kadamtala, Siliguri, Dist. Darjeeling and is filed for issue a writ in the nature of mandamus directing the respondents to withdraw, cancel or set aside the order of termination dated October 7, 2003 with three months notice to the petitioner from his post of appointment as a Sweeper and other consequential reliefs.
(2.) IN September 1995, the petitioner was appointed Sweeper for the said school and then on a number of occasions he was terminated from service and was re-appointed. While in service, he absented himself from duties without any intimation causing inconvenience to the residents of the hostel of the said school. Warnings were given to him. Even he was granted extra ordinary leave without pay for the periods of absence. In spite of such measures, the writ petitioner did not mend himself. Even adverse remarks were made against him for not performing his duties. Ultimately, he was terminated from service by the notice in question. Under such circumstances this application has been preferred.
(3.) UPON hearing the learned Counsel for the parties and on going through the materials on record, I find that it is not in dispute that the petitioner was appointed Sweeper of the said school. For his unauthorized absence and not performing his duties, several measures were taken against him including cut-off pay, but, the petitioner did not mend himself. Accordingly, he was terminated from service again and again and, of course, re-employment was made on his request. Lastly he was terminated by the order dated October 7, 2003 of the Chairman, BSF Senior Secondary Residential School as per Para 3.12 of the BSF Education Code, on account of his unsatisfactory performance for a consecutive period of more than two years.;