Pratap Kr. Ray, J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) In the instant case the petitioner has prayed for the following reliefs : (a) A writ in the nature of Mandamus commanding the respondent No. 2 to rescind/cancel the impugned order dated 20.1.1998 as in Annexure "L" to this petition forthwith; (b) a writ in the nature of Mandamus commanding the respondent No. 2 to pay all the arrears of your petitioner from 1.1.1983 to 31.12.1986 as part time teacher and from 1.1.1987 to 31.3.1989 as full time teacher and to regularise the service of your petitioner upto the date of superannuation from service in Nandigram Brojo Mohan Tewari Sikshaniketan, Post Office and Police Station-Nandigram, District-Midnapore forthwith. (c) A further writ in the nature of Mandamus commanding the respondent No. 2 to pay all retirement benefits to the petitioner viz., Provident Fund, Pension, Gratuity including all increments according to the report of the 5th Pay Commission and that payable to Assistant Teachers of Government Aided Schools; (d) A Writ in the nature of certiorari calling upon the respondents concerned to produce before this Hon'ble Court all the relevant records and documents in connection with the aforesaid impugned order in Memo dated 20.11.1998 being Annexure "L" to this petition and upon perusal of the same to quash the impugned orders, so that justice may be done to the petitioner; (f) An ad-interim order directing the respondent concerned to make a speedy arrangement for ad-hoc payment of interim relief of Rs. 1,50,000.00 (Rupees One lakh and fifty thousand) only to the petitioner with a further direction upon the respondent No. 2 to make such ad-hoc payment within a specified time, pending disposal of the instant case before Your Lordships and final calculation of the arrears as well as all the retirement benefits of the petitioner."
(3.) The respondents have not filed any affidavit despite the order as passed by this Court directing to file affidavit. Let the affidavit of service, as filed, be kept with the record. It is the case of the petitioner that admittedly, the petitioner was a part time appointee in Higher Secondary Section to teach the students of Philosophy with effect from the academic year 1983. The Higher Secondary Section got its regular approval with effect from 1987-88 directing the admission of the students in Class XI by the West Bengal Council of Higher Secondary Examination as it appears from the document at page 66 of the writ application. The petitioner moved a writ application in the year 1988 being C.O. 5808(W) of 1983 praying for his permanent absorption in the sanctioned post of Higher Secondary Section. By the judgment dated 22nd June, 1988 Paritosh Mukherjee, J. (as His Lordship then was) passed the following order : "In the result, the writ petition is entitled to succeed and the District Inspector of Schools (Secondary Education) Midnapore is directed to consider the matter of approval of appointment arising out of the application for approval filed on behalf of the Managing Committee through the Headmaster in the Letter dated December 8, 1987 in Memo No. 67/17-M/82 submitted by the Headmaster Nandigram Brojo Mohan Tewari Sikshaniketan, and grant approval, in accordance with law, within a period of three months from communication of this order. Such appointment granted, if any, must be deemed to be effective after getting fresh recognition of the Institution by the Higher Secondary Council, that is, with effect from 1987-88. In case, the approval is granted by the District Inspector of Schools (Secondary Education) Midnapore, the petitioner will be entitled to emoluments of full time teacher with effect from the date of grant of approval, with effect fro 1987 and not before that. This Court is informed that the writ petitioner is continuing his duties as Assistant Teacher. In pursuance thereof, the petitioner was heard and a decision was reached by the District Inspector of Schools (SE) Tamulk, Midnapore by order dated 6th November, 1989 by absorbing the petitioner in a permanent vacancy due to resignation of the incumbent Sri Projapati Das, M.A., B.T. with effect from 1st April, 1989. The petitioner was satisfied with this decision dated 6th November, 1989 whereby and whereunder the service of the petitioner was approved as permanent employee in the post of Asst. Teacher of Higher Secondary Section of the concerned school with effect from 1st April, 1989 in a permanent sanctioned post and the petitioner remain satisfied accordingly till his date of superannuation, i.e., 31st July, 1997. The petitioner did not raise any grievance about such decision, which is appearing at page 67 of the writ application, which reads thus : "Whereas one post of the Assistant teacher has since fallen vacant due to the resignation of one Shri Projapati Das, M.A., B.T. for his appointment to the post of the Asst. Headmaster of this school vice Shri Rampada Satpathy, Assistant Headmaster retired, Sk. Mohammad Mazammel Hossain, the petitioner, be absorbed as an Assistant Teacher with effect from 1.4.89 in the said resultant vacancy with usual pay and allowances as per G.A. rules. This order has a concurrence to the Memo No. 67-SC/HS dated 6.7.89 and Memo No. 1358-Law dated 25.4.89 issued by the Director of School Education, West Bengal and the Law Officer, Education Directorate respectively." ;