Ashim Kumar Banerjee, J. - (1.) Both appeals involve identical question of fact and law and as such, are disposed of by this common judgment and order.
(2.) Uday Kumar Chattopadhyay, the appellant in F.M.A. No.2397 of 2005 was appointed as a non-teaching staff (clerk) in Bahiri Braja Sundari Higher Secondary School in the district of Birbhum in 1982. The District Inspector approved his appointment with effect from November 19, 1982. Uday had post-graduate qualification in history from Burdwan University. He applied for being appointed as an Assistant Teacher of the said school. The school approached the District Inspector to include his name in the roster kept for the purpose of upgrading the non-teaching staff to the post of assistant Teacher having eligible qualification. The school asked Uday to take classes even in the higher secondary section in absence of a proper teacher in history.
(3.) Pranab Kumar Chattopadhyay, tha appellant in F.M.A. No, 2388 of 2005 was also having post-graduate qualification in Bengali as also B.Ed, qualification in Physical Education. He was appointed a non-teaching staff (clerk) in Brahmankhanda B.P. High School vide letter of appointment dated October 4, 1980. The District Inspector approved his appointment on November 11, 1980. Pranab also taught the students up to class X in absence of a regular teacher. The District Inspector enrolled his name in the roster maintained for the purpose of upgrading.;