- (1.) W.P. 7227 (W) of 2008 (Aslam Ali v. The State of West Bengal & ors.) was disposed of by a learned Judge of this Court by an order dated September 23, 2009, reading as follows: "Let this matter be treated as on day's list. After hearing Mr. Banerjee, Learned Advocate for the petitioner and Mr. Panda, Learned Advocate for the School Authority it appears that the school Authority of Salimiah High School (H.S.), P.O. Kamarhati, District: North 24-Parganas had appointed the petitioner in the post of Headmaster of the said school w.e.f. 02.05.2007 as per rules and the prayer for approval of appointment has already been sent to the District Inspector of Schools (SE), Barrackpore on 27.06.2007. The school authority is directed to send again all the necessary papers to the District Inspector of Schools (S.E.) Barrackpore for approval of said appointment of the petitioner being the eligible candidate within two weeks and it is needless to mention that the District Inspector of Schools (S.E.) Barrackpore shall approve the appointment of the petitioner to the post of Headmaster of the said school with effect from 02.05.2007 with all financial benefits within a week from the date of receipt of the papers for approval of appointment. The writ petition is disposed of. There will be no order as to costs."
(2.) The aforesaid order was not implemented by the District Inspector of Schools (SE), Barrackpore, 24 Parganas (North) (hereafter the 'DIoS') prompting the writ petitioner (hereafter Aslam Ali) to present a further writ petition [W.P. 1683 (W) of 2013] before another learned Judge of this Court. Upon hearing learned advocates for Aslam Ali and the State, such writ petition was disposed of by an order dated February 21, 2013, reading as follows: "This writ application is filed by the petitioner for a direction upon the respondent No.3 to approve his appointment in the post of Headmaster of Salimiah High School (H.S.), DistrictNorth 24-Parganas. Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, I find that the petitioner was appointed to the post under reference by the Managing Committee of the school under reference. Thereafter the petitioner filed an application under Article 226 of the Constitution of India in the matter of Aslam Ali vs. State of West Bengal & Ors. (In Re: W.P. No.7227 (W) of 2008). The above writ application was disposed of on September 23, 2009 with a direction upon the Managing Committee of the school concerned to send the necessary papers to the respondent No.3 for his approval and the respondent No.3 was directed to grant approval of his appointment to the petitioner. After perusing the materials on record, I find that in compliance of the above order, the Managing Committee of the school in question sent the necessary papers to the respondent No.3 on May 9, 2012 but no decision is taken by the respondent No.3 in the above matter in spite of a direction upon him. I direct the respondent No.3 to accord approval of the appointment of the petitioner to the post of Headmaster in terms of the order dated September 23, 2009 within a period of four weeks from the date of communication of this order. This writ application is, thus, disposed of. There will be, however, no order as to costs."
(3.) Pursuant to such order, the DIoS vide memo dated May 8, 2013 conveyed to the Secretary, Salimiah High School (H.S.), P.O. Kamarhati, 24-Parganas (North) to the following effect: "Sub: Approval of Appointment of Aslam Ali, B.Com, M.A. (persion), B.Ed. to the post of Headmaster of Salimiah High School (H.S.) P.O.-Kamarhati, North 24-Parganas. Ref: i) Solemn Order passed on 23-09-2009 in W.P. No.7227 (W) of 2008. ii) Solemn Order passed 21-02-2013 in W.P. No.1683 (W) of 2013. In reference to the above, the undersigned has to inform him that the approval of appointment of Aslam Ali (Petitioner) as Headmaster of Salimiah High School (H.S.), P.O. Kamarhati, North 24-Parganas is hereby accorded with effect from 02-05- 2007 in compliance with the Hon'ble Court's Order dated 23-09- 2009 and 21-02-2013 in W.P. No.7727 (W) of 2008 and W.P. No.1683 (W) of 2013. He is, therefore, requested to act accordingly.";