- (1.) THE petitioner filed the instant writ petition praying interalia for accord approval by respondent no.3, the District Inspector of School (S.E.), Malda to the appointment of the petitioner from the date of his joining to the post of Assistant Teacher in Anupnagar K.F.J. Vidyabhaban at Malatipur in the District -Malda.
(2.) THE petitioner's case in brief, is as follows : - In response to an advertisement issued by the West Bengal Central School Service Commission the petitioner applied for the post of Assistant Teacher in Work Education. The petitioner appeared in the selection test conducted by the West Bengal School Service Commission, North Region, since he passed through the said selection test the petitioner was called for an interview. The petitioner was duly selected for appointment and empanelled by the West Bengal Regional School Service Commission, North Region, vide order dated 10th March, 2004 the Secretary of the West Bengal Regional School Service Commission, North Region recommended the name of the petitioner for appointment to the said school. On 22nd March, 2004 a letter of appointment was issued in favour of the petitioner and the petitioner jointed the said school on 24th March, 2004. It was submitted that since then the petitioner had been discharging his duties. Though the requisite documents relating to the petitioner's appointment were forwarded by the school to the District Inspector of school, (S.E.), Malda, for approval of the appointment of the petitioner, but no formal order was passed, therefore, the petitioner had been compelled to discharge his duties without getting any salary. As a result, the petitioner moved the instant writ petition before this Hon'ble High Court and the Hon'ble High Court vide order dated 23rd December 2004 by an interim order directed the authorities to forthwith at least probationally approve the appointment of the petitioner. It was further directed that the respondent shall not interfere with the service of the petitioner and shall continue to pay salary and allowances to the petitioner.
(3.) SINCE the said order dated 23rd December, 2004 was not complied with by the District Inspector of School, (S.E.), Malda, therefore, the petitioner filed an application for contempt of Court for not complying the direction passed by this Hon'ble court vide its order dated 23rd December, 2004. In the contempt proceedings, the alleged contemnor filed a compliance report dated 19th July, 2006 which is quoted below: - i. "The approval of appointment of Sri Karuna Ketan Sinha has given vide this office No.966/ISD/4 of dated 08.06.2005 w.e.f. 24.03.2004. ii. The salary w.e.f. 01.03.2005 to upto date regularly paid to the petitioner. iii. Requisition of Arrear Salary w.e.f. 24.03.2004 to 28.02.2005 amounting Rs. .86,013/ - ( Rupees eighty six thousand thirteen only) was made to the DSE, WB vide this office no.37/ISD dt. 25.11.2005. Subsequently, DSE, WB give allotment of the said money vide his memo no.1403 -GA dt.26.06.2006. After submission of the Bill, the Treasury Officer, Malda -I, issued a cheque no.172967 dt. 19.07.2006 in favour of Branch Manager UBI, Malda which is the lead bank for payment of salaries to the teaching and non -teaching staffs. And the cheque has submitted to the Bank on 19.07.2006.";