SHEKHAR B.SARAF,J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated November 18, 2015 passed by the Chief Administrative Officer, West Bengal State Council of Technical and Vocational Education and Skill Development. It is the case of the writ petitioner that he was employed with the Dudcomra Vidyasagar Vidyapith (High School) for imparting VIII+ short vocational course of six months duration in consecutive two terms in the session. The writ petitioner was appointed in the year 2011 by way of an advertisement and selection process that was carried out by the Managing Committee of the said School. Subsequently, on April 18, 2012 the District Officer, Regional Office, Kolaghat wrote to the Director of Vocational Education and Training, West Bengal that the selections and appointments made by the Dudcomra Vidyasagar Vidyapith(High School) was not done in accordance with law and accordingly the payment that had been sanctioned to be paid to the employees was directed to be withheld.
(2.) In spite of this letter, it seems that the School continued to employ the writ petitioner by way of contractual engagement till the year 2014. It is to be noted that on May 10, 2012 the Director of Vocational Training and Education, West Bengal wrote to the Headmaster of the Dudcomra Vidyasagar Vidyapith (High School) informing the School that there were various complaints and irregularities in respect of the engagement of the writ petitioner. It is also stated therein that the funds of the vocational training would be withheld till satisfactory solution of all the issues. In reply to this letter on September 18, 2012 the Headmaster of the School wrote to the Director of Vocational Education and Training praying for condoning the fault of the School with regard to vocational courses and for the benefits of the Teacher family requested that the cheque be released. He thereafter submitted that he would not disobey the rules and regulations of the Government in future.
(3.) By an order dated December 2, 2014 this Court passed an order directing the concerned authority to take an appropriate decision in relation to the matter after granting an opportunity of hearing to the petitioner. Subsequently, on February 16, 2015 an order was passed by the President, West Bengal State Council of Vocational Education and Training wherein he finally submitted that he had no authority to decide the said matter with regard to remuneration of the writ petitioner. He further intimated the writ petitioner to move the Directorate/Government for redressal of the same. Subsequently, another order was passed by this Hon'ble Court on August 21, 2015 wherein a further direction was given to Chief Administrative Officer, Government of West Bengal, Technical Department to once again decide the matter. It is thereafter that the order dated November 18, 2015 has been passed by the Chief Administrative Officer that is now under challenge in this order. The Chief Administrative Officer stated that the petitioner requires to move before the appropriate authority of the Government for payment of remuneration as claimed by the writ petitioner.;