JUDGEMENT
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(1.) TWO appeals were filed against the
judgment and order dated January 19, 2006 passed by the learned Single
judge while disposing of a contempt proceeding.
(2.) ONE Pranab Kumar Sengupta was appointed a Primary Teacher on
march 21, 1973 in Basak Bagan Primary School, Patipukur, Calcutta (now
under the District Primary School, 24-Parganas North ).
(3.) AT the prevalent time the school being an urban school was guided by
west Bengal Urban Primary Education Act, 1963. According to Pranab since
he was appointed in an urban school in early part of 1973 he was to be
guided under the said Act of 1963 and the State authorities including the
director of School Education were the proper authorities to approve his
appointment. He made several representations for approval of this
appointment. However, his prayer was not considered. Ultimately he filed
a writ petition in 1993 being C. O. No. 13320 (W) of 1993. The learned Single
judge by judgment and order dated April 11, 1994 allowed his writ petition
after holding that since he was working for last 20 years at meagre monthly
salary of Rs. 22. 50 there was no bar and/or impediment to direct the
respondent No. 2 being the Director, School Education to accord approval. His Lordship ultimately directed all the respondents in the said writ petition
including respondent No. 2 to grant approval of appointment to Pranab and
release all consequential benefits admissible to him in accordance with law. State preferred an appeal from the said judgment and order of the learned
single Judge. State, however, did not proceed with the said appeal and allowed
the same to be dismissed for default.;
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