DIPANKAR DATTA,J. - (1.) The writ jurisdiction of this Court was invoked by 11 (eleven) organizing teaching and non-teaching staff of Shib Chandra Smriti Junior High School at Puratuli, P.O. and Dist. Malda challenging an order of the Recognition Committee of the West Bengal Board of Secondary Education, refusing to grant recognition to such school. Such writ petition was disposed of by an ex-parte judgment and order dated 24th December, 2010 passed by a learned Judge of this Court.
(2.) The operative part of the order reads as follows:- "Thus having regard to the facts and circumstances of the case and the above decided authorities, the impugned order dated 25.07.2008 (annexure 'P-18') is set aside and the 3rd respondent herein, namely the West Bengal Board of Secondary Education is directed to grant recognition of the said Junior High School within a period of four weeks from the date of communication of this order. Needless to mention, however, that once such recognition is granted, the 8th respondent herein, namely the District Inspector of Schools (S.E.), Malda will regularize the appointments of the petitioners and as a natural consequence of the same approvals, the petitioners will be entitled to their salaries including the salary in arrears and the other benefits from the date of their respective approvals. This order for payments is to be implemented within a further period of four weeks from the grant of recognition."
(3.) The order dated 24th December, 2010 was complied with by the respondents resulting in the writ petitioners threatening to move an application for contempt. The order was complied with. Not only was recognition granted, the appointments of 8 (eight) of the petitioners were approved with effect from 25th November, 2011. While 6 (six) of the petitioners were approved as teachers, 2 (two) others were approved as non-teaching staff. After approval of appointments was accorded, wisdom dawned on the petitioners that the learned Judge having specifically directed extension of pensionary benefits to them they would be deprived of pension. Claiming pensionary benefits, those writ petitioners approached the writ court once again by presenting W. P. No. 18980 (W) of 2012. When the writ petition was enlisted for consideration on 13th December, 2012 before another learned Judge of this Court, it was expressed on behalf of the petitioners that they do wish to proceed with the writ petition as the proper course would be to challenge the order dated 24th December, 2010. Recording such submission, the writ petition was dismissed as withdrawn.;