- (1.) The appellant is the unsuccessful writ petitioner in W.P. 14222(W) of 2010, which was dismissed by a learned Judge of this Court by judgment and order dated 24th August, 2016.
(2.) Shorn of unnecessary details, the facts giving rise to presentation of the writ petition are these. By memo dated 29th June, 2004, the Government of West Bengal in the School Education Department had created several additional posts of regular teachers as well as additional posts of part-time (contract basis) teachers in favour of newly upgraded higher secondary schools in different districts during 2004-2005. The list included two additional posts of regular teachers, one in Geography and the other in Education in respect of Kalai Gobardhan High School, Post Office-Kalukhara, District - Purba Medinipur (hereafter the school). The managing committee of the school instead of appointing a teacher on regular basis on the recommendation of the West Bengal School Service Commission, made a clear departure and issued an advertisement inviting applications from interested candidates for appointment on the post of assistant teacher in Geography on contract basis. The writ petitioner/appellant (hereafter the writ petitioner) responded to such advertisement and was ultimately selected for appointment. The offer of appointment dated 2nd September, 2004 issued by the secretary of the managing committee of the school reads as follows: "SUB:- Appointment as a Part-Time Teacher on Contractual Basis for Higher Secondary Section. Dear Sir, In reference to the contractual Agreement dated 29.8.04 I am to inform you that you have been selected as a Part-Time Teacher for teaching Geography in H.S. Section of this school against the sanctioned post of Geography Teacher vide Memo No. 73-SE(HS), dated 29.06.04 on purely temporary basis for a period of one (1) year with effect from the date of your joining on a consolidated pay of Rs. 2,000/- (Rupees two thousand) only per month. Your service may be automatically terminated without notice on completion of the said period of one (1) year or earlier, as provided in the contractual Agreement. You are requested to join the school to discharge your duties within 15 (Fifteen) days from the date of issue of this appointment letter."
(3.) Having received the offer, the writ petitioner accepted it and joined the school on 7th September, 2004. Till 2009, he continued in such service upon renewal of his contract and was also paid honorarium for the services rendered by him. On or about 30th December, 2008, the Assistant Inspector of Schools (Secondary Education), Purba Medinipur inspected the school and detected the illegal appointment of the writ petitioner as a part-time teacher of the school although post had been created for being filled up on substantive basis. The secretary of the school was called upon by the assistant inspector to produce the memo authorising the school to appoint a part-time teacher. No such memo having existed, obviously the same could not be produced. This led the District Inspector of Schools (Secondary Education), Purba Medinipur (hereafter the D.I.) to issue a letter dated 23rd March, 2009 calling upon the secretary of the school to submit the post sanctioning memo with necessary papers. Once again, the secretary defaulted, resulting in the salary of the writ petitioner being stopped. In such factual backdrop, the writ petitioner had the occasion to invoke the writ jurisdiction of this Court seeking, inter alia the following relief: "a. A writ in the nature of Mandamus commanding the respondents specifically the respondent no. 3 to secure the service of the petitioner in the post of part time assistant teacher in Geography on contractual basis till he attains the age of 60 years. b. A writ in the nature of mandamus directing the respondents to release the salary of the petitioner forthwith which is withheld since the month of March, 2009. c. A writ in the nature of Mandamus commanding the respondents specially the respondent no. 4 and 5 to allow the petitioner to put his signature in the Daily Attendance Register of teachers forthwith which was stopped from the month of June, 2009. d. A writ in the nature of mandamus commanding the respondents for grant of enhanced honorarium to the petitioner as per Memo dated 23.04.2010 being Annexure P-10 to this writ petition and further commanding the concerned respondents to pay arrear salary to the petitioner forthwith. e. A writ in the nature of prohibition, prohibiting the respondent no. 6 to recommend any name in the school for the post where the petitioner is working since long back.";