- (1.) In this writ petition the petitioner claims approved appointment to the sanctioned post of clerk in the Secondary Section of Tantia High School, Kolkata (hereinafter referred to for short as the said school).
(2.) The facts of the case are briefly as follows:- That the petitioner was granted an appointment to the said post of clerk by the School Authority vide letter of appointment dated 10th of September, 2010 to be effective from 22nd April, 2010. Such appointment was purely on a consolidated remuneration without any obligation of the School Authority to grant any benefits of regular appointment in favour of the petitioner. However, by a prayer dated 22nd December, 2011 addressed to the District Inspector of Schools (Secondary Education) (for short DI (SE), Kolkata by the Headmaster of the School in issue, the former was requested to approve the service of the petitioner as a clerk against the vacancy which arose after the retirement of one Amit Kumar Samanta, an approved clerk, with effect from 25th of February, 2009. Such resolution was adopted by the Managing Committee of the School in issue on the 16th of December, 2011. The DI (SE), Kolkata was therefore requested to take steps to fill up such post in terms of GO No. 2116/GA dated 3rd November, 2011.
(3.) The GO dated 3rd November, 2011, inter alia, permits schools Receiving Dearness Allowance (for short DA) assistance from the Government to fill up vacant posts within the sanctioned strength of non-teaching staff/librarian from the qualified persons working in the school. The modalities of such appointment are set forth in the said Memo dated 3rd November, 2011. By further Memos dated 9th December, 2011 and 13th December, 2011 issued by the Director of School Education, West Bengal the operation of his Memo dated 3rd November, 2011 was first stopped and, thereafter cancelled. Sri Sakti Pada Jana, Ld. Counsel appearing for the petitioner submits that the orders stopping and thereafter cancelling the operation of the Memos dated 3rd November, 2011 was challenged by the writ petitioner in WP 9640(W) of 2012. By final order dated 31st March, 2014 an Hon'ble Single Bench of this Court was pleased to, after elaborate discussion, set aside and/or quash the impugned orders of stoppage and cancellation respectively dated 9th December, 2011 and 13th December, 2011 . The relevant portion of the solemn order of the Hon'ble Single Bench dated 31st March, 2014 reads as follows:- "It has been mentioned in the writ petition and not controverted by any affidavit by the respondents that the petitioner had applied against the vacancy created by the retirement of a clerk, who was getting D.A. in the said post. In that case there could not be any valid reason to deprivation. It has also been the submission of the petitioner since there was an approved and sanctioned teaching and non teaching post for the grant of D.A. and the sanctioned teaching and non teaching staff were all getting D.A. After hearing the learned advocate for the petitioner as well as after going through the order impugned, I do not find any reason and/or justification for the respondents to issue this order. On the other hand I find sufficient justification in the submission of the petitioner. If by order dated November 3, 2011 the Government had allowed the authority of the D.A. getting schools to fill up the vacancy within the sanctioned strength from the qualified teaching/non teaching staff already working in the school for the Secondary and Higher 5 Secondary sections, the only norms that were to be complied with were laid down therein. The orders that were passed within a very short span of time thereafter have not given any reason to cancel the order dated November 3, 2011 and does not also appear to have taken note of the probable consequences of such order. In such view of it, I find sufficient merit in the writ petition. The impugned communications being annexure P7 are hereby cancelled and set aside. I direct the respondent authorities also to pass orders consequential upon the order passed today within a period of 8 weeks from the date of communication of this order. The writ petition succeeds. There shall, however be no order as to costs.";