RABINDRA NATH GHOSH Vs. THE STATE OF WEST BENGAL & ORS
HIGH COURT OF CALCUTTA
RABINDRA NATH GHOSH
The State Of West Bengal And Ors
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Shyamal Kumar Sen, J. -
(1.)The petitioner has been working as an Assistant Teacher in the post of Bio-Science in Kanlla Ramkrishna Vidyapath, Murshidabad since 18.9.91 and before recognition of the School. The petitioner is a duly qualified teacher having degree 1b B Sc. (Bio-Science). It is stated that the Assistant Inspector of the School (S E.), Murshidabad was appointed as Administrator in 1995. The said Administrator is present in Court. He does not dispute that the petitioner is duly qualified for such appointment in the School. The petitioner accordingly claims that although be is working against a regular vacancy for long years, he is not getting any salary. There Is nothing against him on record. The erstwhile Managing Committee as also the present Administrator has always accepted his service and the petitioner is rendering such service to the school without any break. Accordingly, he prays that he should not suffer any more and his service should be regularised.
(2.)Since the petitioner has been rendering continuous service I without break having required qualification, against a regular vacancy and the concerned authorities have accepted bis service, there Is no reason not to regularise the service of the petitioner. In this connection reference may be made to the unreported decision and judgment In the case Gouri Bose Vs. State of West Bengal and Others in C.O. No. 13537(W)/91 wherein after considering several Supreme Court and also Division Bench judgments, I allowed regularisation of service of the petitioner In the said case wherein the petitioner has been rendering continuous service for long years without any break. In my view, in the instant writ application, it is a fit case for such recommendation of regularisation of service of the petitioner since he has been rendering service to the school continuously against a regular vacancy and same has been accepted by the concerned authorities and there is nothing against him on record.
(3.)In that view of the matter, the submission of the learned Advocate for the respondents that the petitioner should appear in the Interview along with other eligible candidates, cannot be accepted.
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