Debangsu Basak, J. - (1.) Three writ petitions are taken up for analogous hearing.
(2.) Manju Das (Chanda) since deceased, (hereinafter referred to as Manju for the sake of convenience) filed two writ petitions being W.P. No. 6826(W) of 2005 and W.P. No. 25967(W) of 2008, during the lifetime Bhanu Bhowmick & Ors. (hereinafter referred to as the unsuccessful candidates for the sake of convenience) filed W.P. No. 10661(W) of 2005. The writ petitions relate to a selection process undertaken by a school for appointment of Group- 'D' Staff.
(3.) Manju was appointed as a Group-'D' Staff by the school on temporary basis in 1994. She was working in the school since then. A post of Group-'D' Staff (Peon) was sanctioned and the District Inspector of Schools accorded permission for filling of such post on January 18, 2005. The school undertook a selection process for the purpose of filling up such post. The Employment Exchange sponsored the names of eligible candidates to the school on March 14, 2005. Manju was not sponsored by the Employment Exchange as she was not enrolled with the Employment Exchange. Manju filed a writ petition being W.P. No. 6828(W) of 2005 claiming right to appear in the interview process. By an interim order dated April 6, 2005, Manju was allowed to participate in the selection process provided, she fulfils all other criteria. Manju participated in the selection process. A panel was prepared for the selection process and Manju became the first person in such panel. The school authority forwarded such panel to the concerned District Inspector of School (Secondary Education) for approval on April 28, 2005. On June 13, 2005, the successful candidates moved a writ petition being W.P. No. 10661(W) of 2005. Directions for affidavits were given. Such writ petition was directed to be heard along with the writ petition of Manju being W.P. No. 6826(W) of 2005. Manju however moved another writ petition being W.P. No. 24727(W) of 2007 seeking a direction upon the concerned District Inspector of Schools (Secondary Education) for grant of approval. By an Order dated July 1, 2008, the Court directed the concerned District Inspector of School to take a decision regarding the approval of the panel. By a memo dated August 18, 2008, the District Inspector of School approved the panel. On August 19, 2008, the School issued the letter of appointment. Manju joined the school in terms of such appointment. However, by a writing dated August 22, 2008, the District Inspector of School refused to approve the appointment of Manju. Thereafter, on October 28, 2009, the District Inspector of School approved the appointment of Manju but withheld the salary on the ground of pendency of the litigation. The unsuccessful candidates preferred an appeal challenging the Order passed in W.P. No. 10661(W) of 2005. The Appeal Court set aside the order as the same was passed in absence of the unsuccessful candidates. Manju died during the pendency of the writ petitions. On her death, her heirs and legal representatives were brought on record.;