S.B. Sinha, J. - (1.) This application for contempt arises out of an order dated September 11, 1991 in C.R. 130 (W) of 1979 whereby and whereunder a learned Judge of this Court directed the Director of School Education to take immediate steps within a period of four weeks from the date of communication of the order for approval of the appointment of the Petitioner on the grounds indicated therein.
(2.) The fact of the matter lies in a very narrow compass. The Petitioner was initially appointed as teacher -cum -clerk in Lajpat Hindi High School, Primary Sec. (hereinafter referred to as the said School) by the Managing Committee thereof on July 26, 1967. Allegedly on and from August 1, 1968 he had been asked to perform the duties of a teacher only. His services has been confirmed by the Managing Committee with effect from July 26, 1969 by a letter dated July 15, 1975. He was asked to perform the duties in place of Siaram Pandey who retired from service on April 1, 1976. After he was placed in a permanent vacancy he made several representations to the District Inspector of School, Primary Education, Calcutta for approval of his services but no step was taken thereupon. He filed the aforementioned writ application wherein the order as referred to hereinbefore was passed by Mohitosh Majumder, J. on September 11, 1971. In the said application initially the Calcutta District Primary Council and its ad hoc committee were not a parties but later on they were so added. No affidavit -in -opposition had been filed by the Respondents in the said writ application. The Director of School Education after the said judgment was passed, directed the District Inspector of Schools, Primary Education, Calcutta to comply with the order of this Court. Whereupon the learned Advocate for the Petitioner was requested to serve a copy of the judgment dated September 11, 1991. The copy of the said judgment was served on the Director of School of Education on March 30, 1992.
(3.) This contempt application was filed on June 8, 1992. However, the order of this Court was not carried out. As it was contended that the District Inspector of School, Primary' Education, had no jurisdiction to approve the services and only the Chairman of the District Primary School, Calcutta can pass such an order, the District Primary Council was directed to be added as a party. An application for recalling of the order dated September 11, 1994 was filed on behalf of the ad hoc committee on June 6, 1995 wherein it was contended that the order had been passed exparte and no opportunity had been given to the said Council.;