( 1 ) BY consent of parties, this writ application was taken up for hearing and as the learned counsel for the parties submitted before me that in view of the involvement of question is issue in this writ application, no direction for filing affidavits would be required and the writ application itself could be treated as on day's list and disposed of.

( 2 ) IN view of the stand taken by the learned counsel for the parties I hear them and this writ application is now being disposed of by this judgment.

( 3 ) THIS case has a chequered history. The writ petitioner Nos. 1 to 4 are the members of the teaching staff of Kamal Dighi Sarkaru Sarkar, Junior High School, Village Kamaldighi, P. O. Dhums Dighi, Dist. Malda (herein after referred to as the "said school ). The writ petitioner Nos. 5 to 8 are the members of non teaching staff of the said school and the writ petitioner No. 9 is the secretary of the said school. In the year 1994, the President and the secretary of the school along with two other teachers of the same moved an application under Article 226 of the Constitution in this Court which was registered as Civil Order No. 2690 (W) of 1994. The said writ app