Ashoke Kumar Dasadhikari, J. - (1.) THE writ petitioners, two primary school teachers, got appointment as primary school teachers in Kalyani University Experimental School, Government sponsored (Primary Section) in 1989 and thereafter some of the petitioners joined as trained graduate teachers and some of them were graduate teachers. Kalyani University started running of experimental high school with a primary section. The school was taken over by the State Government with effect from January 1, 1987 after bifurcation of the same into two separate units, primary section and secondary section. By Government Order No. 506 -Edn(T) dated 18th November, 1987 an ad hoc committee was constituted for the purpose of management of Kalyani University Experimental School, Government sponsored, (Primary Section) and it has not been superseded. The Committee approached the Government for sanction of at least ten teachers for primary section. Nine teachers, who were earlier engaged in secondary section for the purpose of running of the primary section in a way of stopgap arrangement, did not choose to continue as such, the then ad hoc committee appointed the writ petitioners who were highly qualified for the post, in which they were accommodated. The petitioners along with other primary school teachers were working continuously in the said Kalyani University Experimental School, Government Sponsored, (Primary Section) since 1989 onwards. Petitioners did not get approval.
(2.) THE present petitioners along with others were compelled to file a writ application being W.P. 19939(W) of 1998 for a direction upon the authorities of Education Department, (Primary), for their permanent absorption in the primary school. The matter came up for final hearing before the learned Single Judge on 22nd May, 2001. The writ petition was disposed of by the learned Single Judge holding that the petitioners, who were appointed on different occasions, have much higher qualification than what is required for the post of primary school teacher. It was also recorded that they have rendered their services for more than two years in the primary school. In view of the Government order dated 26th November, 1981 they were entitled to be regularised and approved in their respective teaching and non -teaching posts of the said primary school and they are to be paid their regular salaries at par with all other primary teachers in the State. Accordingly, the Director of School Education (Primary) was given direction to recognise the service of the petitioners as teaching and non -teaching staff under Kalyani University Experimental School, Government sponsored (Primary Section), and to approve their services and further to make necessary arrangement in payment of their salaries and other dues at par with other primary school teachers in the State expeditiously.
(3.) AGAINST the judgment and order dated 22nd May, 2001 in W.P. No. 19939(W) of 1998 the State Government preferred an appeal being M.A.T. 2966 of 2002. The appeal came up for hearing before the Hon'ble Division Bench on 16th June, 2005 and the Hon'ble Division Bench was pleased to dismiss the appeal. State of West Bengal being aggrieved by the order of the Hon'ble Division Bench, preferred a Special Leave to Appeal being No. 4443 of 2006 before the Hon'ble Apex Court against the judgment dated 16th June, 2006. The Hon'ble Apex Court was pleased to dismiss the said Special Leave Petition on 8th May, 2013.;