DEBASHIS BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let the affidavit in opposition filed on behalf of the respondent No. 7 be taken on record. The writ petitioner applied on 24th July, 2004, for the post of Samprasarak in agurkhali Madhyamik Siksha Kendra, situated within the jurisdiction of Beraberi Gram Panchayat in the district of North 24 Parganas, based on an advertisement issued on 17th July, 2004, by the Secretary. Managing Committee of the concerned Siksha Kendra, being the respondent No. 8. Consequently, he was appointed to the post-in-question on 1st September, 2004, based on an agreement entered into by and between the writ petitioner and 2 the Secretary of the concerned school on 16th August, 2004, which was to be valid for a period between 1st September, 2004 and 30th April, 2005. Subsequently, by another agreement dated 2nd May, 2005, the writ petitioner was reappointed as Samprasarak for the period between May 2005 and 30th April, 2006. His honorarium was, however, stopped from 1st April, 2005 and he was ultimately removed from service with effect from 26th September, 2006.

(2.) Thereafter, the writ petitioner approached this Court on at least two earlier occasions. Initially, he filed a writ petition, being W.P. No. 23906 (W) of 2006. which was disposed of on 11th October, 2007, by the Court, which directed the concerned respondent authority to consider the writ petitioner's representation within a certain time frame, after giving an opportunity of hearing to the petitioner and the added respondent, Smt. Dipa Ghosh and communicate his decision to the writ petitioner as well as Smt. Dipa Ghosh, after passing a speaking order. Based on such directions given by the Court, the entire matter was taken up for consideration by the concerned Block Development Officer, who rendered his decision on 17th December, 2007, which became a subject-matter of challenge in another writ proceeding initiated by the writ petitioner, being W.P. 441 (W) of 2008. This latter writ petition was disposed of on 17th January, 2008, with a similar direction. i.e. by directing the concerned respondent authority to consider the writ petitioner's representation filed on 3rd January, 2008, within a certain time frame, after giving a reasonable opportunity of hearing to petitioner and by recording a reasoned order. Consequent thereto, an order was passed on 14th March, 2008, by the Mission Director, Paschimbanga Rajya Shishu Shiksha Mission, which has now been challenged by the writ petitioner in the third round of litigation.

(3.) The impugned order dated 14th March, 2008, in its entirety, is reproduced hereinbelow:-