Barin Ghosh and C.M.Prasad JJ.

1. Sometimes in 1990, the respondent-petitioner was appointed in a Government School as a Class-IV employee on the strength of an appointment letter issued by the District Education Officer. According to the Rules, the appointing authority in respect of a Class-IV employee is the Headmaster of the School.

2. Although, the Headmaster of the School is the appointing authority, but he can appoint a person in a Class-IV post only when the person has been recommended by the Committee constituted by the Rules. The Committee so constituted, in terms of the Rules, can only recommend a person, who has been selected amongst others, after permitting all and sundry to offer themselves for being selected for recommendation.

3. The respondent-petitioner worked as such Class-IV employee undisturbed until 8th June, 2001 when by a notice it was held out to the respondent-petitioner that his initial appointment was an illegal appointment. By the said notice, the respondent-petitioner was called upon to show cause why his illegal appointment should not be put to an end. The respondent-petitioner on 21st June, 2001 gave an explanation and thereby stated that he s