Arijit Banerjee, J. - (1.) The petitioner prays for a writ of mandamus directing the respondent nos. 2, 3 and 4 to give effect to the judgment and order dated 12 December, 1995 passed by a Learned Single Judge of this Court in CO NO. 19536 (W) of 1992 as modified by an order dated 19 December, 1995, whereby the respondents were directed to release the arrear salary to the writ petitioner from the date of recognition of the school in question i.e. on and from January 15, 1973. The petitioner also prays for a mandamus directing the said respondents to give effect to the judgment and order dated 15 July, 1998 passed by a Division Bench of this Court in FMAT 3293 of 1997 as also for giving effect to the judgment and order dated 23 July, 2001 passed by another Division Bench in connection with the same appeal.
(2.) This litigation has a chequered history. The petitioner claims to have been an organizer teacher. In 1992 he approached this Court by way of a writ petition with the grievance that although he had been selected and his name was placed in the panel he was not given appointment for some unknown reason. This Court passed an order dated 27 September, 1992 calling for a report from the District Inspector of Schools (DE), Murshidabad. Such report was submitted in which the DI of Schools stated that the claim of the petitioner was correct and based on facts and hence he was entitled to get relief. The material portion of the said report reads as follows:- "This report is submitted and I request to the Hon'ble Court for favour of the petitioner to direct respondents to accord approval of the appointment of the petitioner and to pay his salary from the date of recognition of the School and also to pay his salary month by month to act in according with law." It would appear from the said report that the petitioner was found to be an organizer teacher of a primary school and the school authority also received approval of the competent authority.
(3.) The writ petition came for final hearing before Dipak Prakas Kundu, J. (as His Lordship then was) and the same was disposed of by a judgment and order dated 12 December, 1995, the operative portion whereof reads as follows:- "In the facts and circumstances stated hereinabove this Court directs the respondents to accord approval to the petitioner from the date of recognition of the School and also to pay his salary which he is entitled to from the said date of recognition. The respondents are also directed to pay to the petitioner his salary month by month and to act in accordance with law. This direction should be complied with within three weeks from the date of communication of this order to the respondents......";