S.B.Sinha, J. - (1.) -This appeal is directed against a judgment and order dated 24.4.1998 passed by a learned single Judge of this court in W.P. No. 26818 (W) of 1997 whereby and where under the said writ application was dismissed. The basic fact of the matter is not in dispute. The writ petitioner/appellant was a Reader and Head of the Department of Charuchandra College (Evening). He attained the age of superannuration on 30th July, 1994. It is not disputed that in terms of the recommendation made by the University Grant Commission, the Secretary of the Education Department issued a letter to the Registrar of the University, in terms whereof a policy decision was evolved to grant re-employment to the eligible teachers upto the age of 65 years. Such period of re-employment would be initially for a period of two years and subsequently for a period of one year or less. On 24.2.94, that is, much prior to attaining his age of superannuation the appellant filed an application for re-employment to the Principal & Secretary, Governing Body of the College, pursuant whereto a resolution was adopted on 2.4.94 requesting the Secretary to take necessary steps for constitution of Screening Committee for re-employment of the appellant, whereafter a letter was sent to the Vice-Chancellor for nominating his nominee in the Screening Committee. As despite the same no nominee was nominated in terms of the aforementioned policy decision dated 15.11.79 as contained in annexure "C" to the writ application, the Governing Body adopted a resolution allowing the appellant to continue in his post till holding of the next meeting of the Governing Body. On 29.5.95 a Notification was issued by the Deputy Secretary regarding re-employment of teachers including Principals of non-Government Colleges. As despite knowledge, the statutory authority did not nominate their nominee, a writ application was filed by the petitioner which was marked as C.O. No. 21590 (W) of 1993 and by a judgment and order dated 19.12.95 a learned single Judge of this court directed : "The respondent No. 1 the W.B. College Service Commission is directed to place their nominee in the Screening Committee for considering the question of extension of service of the petitioner, within three weeks from the date of communication of this order and thereafter the Screening Committee will take a decision regarding the question of extension or re-employment of the petitioner's service beyond 60 years within three weeks from the date of placement of the nominee of the College Service Commission and forward their decision to the D.P.I within a week from the date of taking of the decision and thereafter the D.P.I shall consider the matter and take a decision regarding the extension of service of the petitioner within two weeks from the date of receipt of the report of the Screening Committee and shall communicate his decision to the College Authorities and to the petitioner. The writ application is thus disposed of without any order as to costs".
(2.) Despite the communication of the order to the authorities concerned including the College Service Commission, Secretary, Higher Education Department, Principal/Secretary, Charuchandra Evening College and the Director of Public Instruction, West Bengal, No action was taken for a long time. The College Service Commission however nominated an expert only on 9.1.96, wherein an error having been committed in the name of the appellant to which the Principal of the College drew the attention of the Commission in terms of his letter dated 12.1.96. In February, 1996 the said error was corrected. Again on 8.3.96 the Principal of the College asked the Inspector of College for placement of another expert in the Screening Committee. In the meantime, Dr. Naresh Jana, who was nominated as expert earlier had declined to function in the said capacity. Despite the same, no action had been taken for a long time. On 12.8.96 the Governing Body adopted a resolution for extension of second term employment of the appellant. As no action had been taken in the matter, the petitioner approached this court again by filing a writ application which was marked as C.O. No. 12252(W) of 1996 and by an order dated 16.12.96 S.R. Misra, J. directed the respondents therein to comply with the order dated 19.12.96 passed by G.R. Bhattacharjee, J.
(3.) The said order was also communicated to the respondent authorities. The University for the first time appointed a person as the new University nominee and on 17.4.97 the College Service Commission intimated the name of Commission's nominee. On 19.4.97 the Principal of the College sent a letter to the nominees for fixing the date of meeting of Screening Committee but no reply was received, whereafter a reminder letter was issued on 6.5.97 by the Principal of the College. On 19.5.97 the appellant also through his learned Advocate demanded compliance of the order passed by this court. In September, 1997 the present writ application was filed. The petitioner however had been pressurized to submit his resignation which he did on 13.7.97.;