STATE OF WEST BENGAL Vs. BINAPANI SAMANTA
LAWS(CAL)-2009-7-49
HIGH COURT OF CALCUTTA
Decided on July 21,2009

STATE OF WEST BENGAL Appellant
VERSUS
BINAPANI SAMANTA (KHATUA) Respondents

JUDGEMENT

Chattopadhyay, J. - (1.) This appeal has been preferred assailing the judgment and order dated 28th November, 2006 as corrected by the subsequent order dated 2nd February, 2007. By the order under appeal, learned Single Judge issued various directions relating to the approval of appointment of the respondent/writ petitioner as well as payment of salary including arrears after granting such approval.
(2.) Coming to the factual matrix of the writ petition filed by the appellant herein we find that the respondent/writ petitioner filed another writ petition being W.P.No.12545 (W) of 2000 on the earlier occasion which was ultimately disposed of by another learned Single Judge of this Court by the order dated January 19, 2004 whereby and where under the said learned Judge directed the District Inspector of Schools (SE) concerned to enquire whether the said writ petitioner was an organiser teacher in the school or not. The operative part of the said order dated January 19, 2004 is set out hereunder: - "............I direct the District Inspector of Schools to reconsider this matter and while doing so he shall enquire into the following aspects. Whether she was an organiser teacher in the school or not. If so, then he shall call for all the records from the school authority to find out whether the claim of the organiser teacher is justified or not. In that case he shall pass appropriate order for approval to the appointment of the petitioner. If it is found that the petitioner's case is not coming within the purview of organiser teacher then he shall decide the question of approval of the petitioner's appointment specifically and not in cryptic manner. This shall be done within a period of eight weeks from the date of communication of this order. The writ petition is, thus, disposed of without any order as to costs........."
(3.) In compliance with the aforesaid order of this Court, District Inspector of Schools (SE), Paschim Medinipur ascertained the claim of the writ petitioner and ultimately held that the said writ petitioner was not an organiser teacher in the school concerned and, therefore, no relief can be granted to the writ petitioner.;


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