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2007 Supreme(Cal) 715

D.P.SENGUPTA, PRANAB KUMAR DEB
STATE OF WEST BENGAL – Appellant
Versus
Smritikana Maity – Respondent


Advocates Appeared:
For the Appearing Parties:P.C. Ghosh, Malay Kumar Basu, B.R. Patranabis, Soumen Kumar Dutta, Ashok De, Susovan Sen Gupta, Saktipada Jana, Saikat Banerji, Rajyasri Chanda, Advocates.

Judgment :-

(1.) THESE two appeals being FMA No. 94 of 2006 and MAT No. 428 of 2007 are taken up analogously for disposal as the same point of law is involved in these two appeals. FMA No. 94 of 2006 (State of West bengal and Ors. vs. Smritikana Maity and Ors.) is preferred against the judgment dated 4. 10. 2004 in W. P. No. 17266 (W) of 2002 passed by the learned Single judge and in MAT No. 428 of 2007 (State of West Bengal and Ors. vs. Harendranath mondal and Ors.) the subject-matter of challenge is the judgment dated 22. 12. 2003 passed by the learned Single Judge in W. P. No. 20315 (W) of 2003. In both the cases, the learned Single Judge directed the District Inspector of Schools to regularize the services of the writ petitioners by approving their respective services as organizing staffs of Classes IX and X of the concerned schools.

(2.) IN both the appeals, this Court is required to decide the legality and/or validity of the claim for regularization of organizing staff of the upgraded sections [classes IX and X] of the respective schools, who initially entered into services after 10. 03. 1979 in the unrecognized Classes IX and X of a Non-Government aided Educational Institutio




























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