JUDGEMENT
Subrata Talukdar, J. -
(1.) In this Review Application (for short the review or RVW), the writ petitioner/ appellant/ review applicant (for short only the applicant), seeks review of the order dated 14th of January, 2015 passed in the appeal, i.e. F.M.A. 981 of 2014 with C.A.N. No.8968 of 2014, by a Hon'ble Division Bench of this Court.
(2.) The RVW has been assigned before this Bench.
(3.) It would be necessary for the present discussion to reproduce the order of 14th January, 2015 which, inter alia, reads as follows:-
"The school got upgraded in 1982 having a 4-class Junior High School. The appellant was an organizing staff. He was duly found by DLIT serving the school. The appellant's case for regularization could not be considered earlier as his graduate qualification was in question but in another set of litigation where he ultimately succeeded, Learned Single Judge asked the Director of School Education to consider his prayer for regularization. Accordingly, the Director considered his case and rejected his claim by a well-reasoned order appearing at pages 130-134 of the application for stay.
The reasoned order would depict, one Haradhan Mandal was a pure science teacher engaged by the school in 1978 whereas the appellant also a pure science teacher, was engaged in 1970. In 1982 when the school was upgraded from 2-class Junior High School to 4-class Junior High School, there was one post for pure science that could be adjusted against Haradhan Mandal. It is true, the appellant's case was necessary delayed because of his disputed graduate qualification. Even if we ignore the same today and go back to 1982, we are not in a position to accede to his prayer in the presence of Hardhan Mandal who is senior to him.
In such event, we are constrained to observe, the appellant's prayer cannot be acceded to.
The appeal fails and is hereby dismissed along with the application without any order as to costs.
Certified copy of this order, if applied for, be supplied to the parties as early as possible.";
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