- (1.) Common questions of law are involved in these Rules. The facts and circumstances of these cases are also similar. Accordingly, all these Rules were heard together. My judgment in Civil Rule No. 5774 (W) of 1974 shall govern all these cases.
(2.) The petitioner Kiran Sankar Deb Gupta belongs to the Scheduled Caste. On 24th January, 1972, advertisements were made in the name and signature of Sri S. C. Sen, the then District Inspector of Schools, District School Board, 24-Parganas inviting applications for preparation of a panel for appointment of teachers in Rural Primary and Junior Basic Schools in the District of 24-Parganas. Petitioner filed an application for the post of a primary teacher pursuant to the said advertisement. On 8th September, 1972, he was directed to appear for an interview at Kakdwip High School. By a Memorandum dated 25th July, 1972, the petitioner was asked to appear before the interview Board which consisted of six persons amongst whom two were local Members of the Legislative Assembly. On 23rd March, 1973, the petitioner received the letter of appointment. It is stated therein that as per Dilector of Public Instructions, West Bengal Memo No. 4161 SC/P dated 7-7-1973 Sri Kiran Sankar Deb Gupta is appointed temporarily to act as an Assistant Teacher of Shibrampur Junior Basic Free School, P. O. Shibrampur in Namkhana Circle on usual terms and conditions in the scale of Rs. 165-205/- with immediate effect, in the additional post created in terms of G. O. No. 1175 dated 1st of December,1971. It appears from the said Letter that the approval of Director of Public Instructions was obtained prior to the issue of such letter. Thereafter, on 30th July, 1974, the petitioner received a letter issued by the District Inspector of Schools, 24-Parganas. The text whereof is given below: "Your appointment purely on temporary basis was made in this office memo No. 5216/4 dated 23-3-1973 have been in contravention of statutory Rules since that has been from outside the approved panel of teachers of the District (sic). It has been illegal and is to be treated as void ab initio. You will, however, be paid for the services actually rendered by you upto 31st August, 1974, including the period of one Calendar month's notice for termination of your temporary appointment."
(3.) Petitioners in other connected Rules, were also appointed similarly as temporary primary teachers and their services have also been terminated by similar letters issued by the District Inspector of Schools.;