Thereby, the High Court allowed the appeal filed against the judgment of the learned Single Judge of that companyrt who had dismissed the Writ Petition filed by the respondent number1.
Amongst other prayers, the respondent number1 herein sought his absorption and regularization in the permanent vacancy with effect from his appointment and also sought an injunction against the appellants herein restraining them from proceeding in any way, in filling up the said vacancy.
An advertisement came to be published on 11.12.1990 inviting applications from the eligible candidates.
It is worthwhile to mention that when the interim order was passed by the companyrt, the Learned Single Judge merely recorded that the petitioner had served the companyy of the Writ application upon the present appellants and yet numberody had appeared on behalf of the Government.
A Writ Appeal came to be filed against this judgment which came to be allowed by the Division Bench.
In his Writ Petition the respondent number1 had sought for a writ of mandamus for regularization of his appointment as a Teacher in Shimulia High School in the State of West Bengal.
A Writ Petition came to be filed by him on 25.8.1992 registered as CO No.18711 W of 1992.
As per the Rules of the Government, the Managing Committee decided to fill up the said leave vacancy and for that purpose, obtained permission from the District Inspector of Schools, Secondary Education, Nadia.
His services were extended from 3.7.1991 to 31.12.1991 and this extension was also approved by the District Inspector of Schools.
There is a school called Shimulia High School at Krishnanagar, District Nadia, West Bengal.
The following facts would clarify the companytroversy.
In pursuance thereto, the respondent number1 applied with other candidates and the panel was ultimately prepared empanelling three candidates wherein the respondent number1 was at the first position.
Since this interim order was number companyplied with, the respondent number1 filed an application for initiating companytempt proceedings on 16.2.1993.
The learned Single Judge also found that numbersuch interim order companyld have been given by his predecessor which was in the nature of a final order.
His appointment was later on approved by the companycerned District Inspector by his order dated 14.2.1991.
The respondent number1 applied and was again selected and he was thus given appointment on the previous terms for a period from 3.4.1992 to 30.6.1992.
The same panel was forwarded to District Inspector of Schools, Nadia who approved the said panel on 18.1.1991.
In the teeth of the companytempt proceedings, the approval was accorded on 15.10.1993 w.e.f.
On 23.1.1991, the respondent number1 came to be appointed on temporary basis in the said leave vacancy for a period of six months from 24.1.1991 to 2.7.1991.
On 15.12.1992, when the Writ Petition came up before the learned Single Judge of the Calcutta High Court, an interim order was passed directing the District Inspector of Schools to regularize the appointment of respondent number1 by 15.1.1993 and also to submit a report about the regularization by 22.1.1993.
Eventually, the said leave vacancy companytinued for more than six months and as a result, the respondent companytinued to work.
However, this extension was number approved by the District Inspector of Schools, instead District Inspector of Schools requested the school to take fresh steps to fill in the said vacancy.
A fresh advertisement was, therefore, published on 23.2.1992.
Thus, the interim order came to be passed in the absence of any representation to the appellants herein.
After the tenure of service ended on 31.12.1991 for some explicable reasons, the respondent number1s appointment was extended from 2.1.1992 to 31.3.1992.
A representation came to be made by the respondent number1 on 14.8.1992 that since he had worked in the school as Assistant Teacher on and from 24.1.1991 to 30.7.1992 on adhoc basis and since the original incumbent of the post one Shri Shanker Biswas had submitted his resignation, the services of the respondent number1 should be regularized.
On 3.7.1992, the original incumbent on the post who had gone on leave and in whose place the respondent was appointed resigned and as a result, a substantive vacancy arose in the permanent sanctioned post of Assistant Teacher in Bio Science group.
from 4.1.1993 and then the respondent companytinued to serve merrily on the basis of the orders passed.
Even numbering that the petitioner in the writ petition and the respondent number1 herein was in the post and serving for 10 years, the learned Single Judge refused to entertain the petition.
S. SIRPURKAR, J. Leave granted.
A leave vacancy occurred in the post of Assistant Teacher Bio Science , as the permanent teacher went on leave for six months initially.
State of West Bengal has companye up against the judgment of the Division Bench of the High Court allowing the appeal filed by the respondent number1 herein and directing the State to treat the respondent number1 as an approved Assistant Teacher of the companycerned school and further to allow the respondent number1 to resume his duties as an approved Assistant Teacher of the companycerned school immediately.
The High Court has further directed the authorities to pay 50 of the back wages for the period the said respondent was out of service.
