Decided on May 27,1996

State of West Bengal and Ors. Appellant
Bibhuti Bhusan De And Ors. Respondents


S.B. Sinha, J. - (1.)This appeal is directed against a judgment and order dated 26.4.95 passed by a learned single Judge of this court In Civil Order No. 793(W) of 1993, whereby and whereunder the writ application filed by the writ -petitioners -respondents, who are two in number, was allowed. The fact of the matter lies in a very narrow compass.
(2.)The petitioner -respondent No. 1 had been working as Superintendent of Narasinghadas Kothari Social Welfare Home, Unit -2 P.O. Banipur and Satya Narayan Chatterjee had been working as a clerk in the office of the Chief Superintendent of the said institution. Admittedly, qualification of the petitioner No. 1 is M.A. in Political Science and that of petitioner No. 2 is M.A. in Islamic History and Culture. Both the petitioners also had B.Ed. Degree. The State Intended to fill up the post of Assistant Teacher in the said institution, where for vacancies notified to the Employment Exchange in the year 1984. An interview was held but therein candidates sponsored by the Employment Exchange did not appear and a panel of the petitioners had been formed. However, the said panel was not given effect to. By reason of a letter dated 6th May, 1985 the Director of School Education addressed to the Chief Superintendent of Rastriya Kalyan Abas, Banipur, intimated that the said panel has been cancelled. It appears that a second interview was also held on 16.6.85. It further appears that in the year 1987, one post was sanctioned and the vacancies for the said post was notified to the Employment Exchange. From the statement made in the said application, it appears that in the said notification the essential qualifications required therefore was stated to be M.A. in English and desirable qualification is training in teaching as also experience in teaching English In Higher classes. In the notification of vacancy to the Employment Exchange it was clearly stated that number of vacancy was one and the essential qualifications therefore were trained Honours or M.A. in English; training in English teaching and experience in teaching English in higher classes. Admittedly, the writ -petitioners did not appear before the interview Board pursuant to the interview held in terms of the aforementioned notification. The writ -petitioners thereafter filed the writ application in the year 1993 praying inter alia for the following reliefs : - -
" A writ of or in the nature of Mandamus commanding the respondents to show cause as to why appointments should not be given to the petitioners in the post of Assistant Teachers in the State Welfare Homes High School, Banipur, forthwith:

A writ of or in the nature of Mandamus commanding the respondents to produce all records relating to preparation of panel on the basis of interview held on by the selection committee for filing up the vacancies of Assistant Teachers of State Welfare Homes High School including the panel itself so that conscionable justice is done to the petitioners:

A writ of or in the nature of Mandamus commanding the respondents to show cause as to why the petitioners should not be absorbed appointed on transfer in the existing vacancies herewith."

(3.)The learned trial Judge by reason of the impugned judgment, Inter alia, held that as the petitioners had been working in the said institution for a long time, they were entitled to the reliefs prayed for. The learned trial Judge directed, "I accordingly, directed the respondents to appoint them as teachers of the school to which they are attached within 31st of May, 1995. I would like to make it clear that the petitioners were not be entitled to any pecuniary benefit or promotion with retrospective effect though they will be entitled to appointments to the post of teacher of the said school entitling them to future promotion along with others on the basis of their length of service."

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