ORDER :

1. This appeal is directed against the judgment and order dated 18th April, 2007, passed by the Calcutta High Court in Mandira Chatterjee v. State of W.B., (2007) 5 SLR 717 (Cal) FMA No. 179 of 2005, whereby the Division Bench set aside the order passed by the learned Single Judge dismissing the writ petition filed by the Respondent Nos. 1, 5 and 6 herein. The State of West Bengal is in appeal against the said order of the Division Bench.

2. From the materials on record, it appears that the Respondent No. 1 had been appointed as a teacher in Tara Sundari Balika Vidyabhaban, Howrah. By the Managing Committee of the School on 1st November, 1976, under the existing Rules. Under the said Rules, appointments of teachers were made in accordance with the teacher-student ratio and, as was contended by the Respondent No. 1, her appointment had been made against a substantive vacancy created on the basis of such policy.

3. It further appears that along with others, the case of the Respondent No. 1 was forwarded to the Director of School Education, West Bengal, for approval in July, 1985, but without giving any reasons, the names of the said teachers remained unapproved and. In between the West Bengal Primary Education Act, 1973, came into force on 30th June, 1990. Under the said Act and the Rules framed thereunder, the method of selection and appointment of primary teachers in the primary schools in West Bengal underwent a complete change. Under the new Rules, the selection and appointment of primary teachers were now required to be made by the District Primary School Council from a panel to be prepared by them after following the procedure for preparation of such panel.

4. On 14th March, 1992, the Respondent No. 1 and the Respondent Nos. 5 and 6. Made a representation to the District Inspector of Schools (Primary) for approval of their appointment. Since the same was not considered favourably, the Respondent No. 1 along with the Respondent Nos. 5 and 6, filed a writ petition, being Company No. 6484 (W) of 1992, before the Calcutta High Court, praying for a Mandamus to the Director of School Education to approve their appointment as primary teachers in the school in question. The writ petition was dismissed by the learned Single Judge on the ground that since a new law had intervened, the right of the aforesaid Respondents, if any, had been obliterated.

5. In appeal, the Division Bench took a contrary view and held that since the right of the said Respondents had crystallized prior to coming into operation of the West Bengal Primary Education Act, 1973, their appointment and approval of such appointment, would be governed by the earlier Rules and not by the provisions of the subsequent Act and the Rules framed thereunder. Accordingly, the Division Bench directed the Director of School Education, West Bengal, to accord approval to the appointment of the Respondent Nos. 1, 5 and 6, from the date of their initial appointment as Primary Teachers of the school in question, pursuant to the recommendation of the Urban Advisory Committee. Further direction was given to the effect that the said Respondents would be entitled to the payment of arrear dues from the date of approval of the appointment by the Director of School Education, West Bengal, in terms of the order of the Division Bench. As indicated herein-above, it is against the said judgment and order Mandira Chatterjee v. State of W.B., (2007) 5 SLR 717 (Cal) of the Division Bench of the Calcutta High Court, that the present appeal has been preferred by the State of West Bengal.

6. Appearing for the State of West Bengal, Mr. Soumitra Ghosh Chaudhuri, learned Counsel, submitted that the Division Bench of the Calcutta High Court erred in setting aside the judgment of the Single Bench, which was based on the finding that the rights of the parties would be governed by the laws, as existing on the date of seeking relief in the Court upon filing of the writ petition and that since on that da