(1.) "actus curiae neminers gravabit." No litigant should suffer for the mistake on the part of the Court or his Advocate. I wish to apply this doctrine to resolve the present controversy.

(2.) The writ petitioner was appointed as Assistant Teacher in language group on January 2, 1984 in Kadipukur Naskar High School in the district of 24-Parganas (South). This school was upgraded on May 1, 1992 after D.L.I.T. inspection. The petitioners name appeared not only in the D.L.I.T. report but also in other official documents pertaining to the concerned school. After the school was upgraded all organizing staff were recognized by the State excepting the petitioner. He approached this Court by filing C.O. No. 1425 (W) of 1995.This Court directed the District Inspector to consider his representation. The District Inspector after giving personal hearing to all concerned passed a detailed reasoned order on May 8, 1995 appearing at pages 19-24 of the writ petition.

(3.) Analysis of the speaking order of the District Inspector reveals the following :- (i) Petitioner was an organizing staff and he was recognized by D.L.I.T. an Assistant Teacher in language group. (ii) Although the petitioner was appointed in language group he was teaching English, Bengali, Sanskrit as well as P.T. and Work Education. (iii) He had the requisite qualification for being appointed as a teacher in language group having English (200 marks), Bengali (200 marks), Sanskrit (300 marks). (iv) He was entitled to be approved as a language teacher in the vacancy occurred due to retirement of language teacher. He could also be absorbed in language group in place of the then teacher-in-charge Sri Bhowmik who was a language teacher studying B.Ed. for being appointed as Head Master for the concerned school in near future.

(4.) The District Inspector after considering the facts and circumstances passed an order approving his appointment as a teacher in Physical Education provisionally for a period of three years w.e.f. February 3, 1995 on his undertaking to get himself passed through a training course in Physical Education within the said period. The District Inspector also observed that he could subsequently be absorbed in language group after Bhowmick was appointed as Head Master in near future. A formal approval was also issued by the District Inspector on August 7, 1995 as appears from Page 26 of the writ petition. The petitioner immediately applied to the school for necessary permission so that he could take the training of Physical Education for being absorbed permanently in the said post. The school authority refused to grant him permission in view of shortage of teaching staff.

(5.) There had been disputes with regard to running of the affairs of the concerned school, which resulted in appointment of administrator by the appropriate authority. The administrator by his order dated May 4, 1999 passed an order treating the petitioner in language group after completion of his B. Ed. course and sought permission for his study leave in B. Ed. course from the concerned District Inspector. According to the writ petitioner, he duly got himself admitted in B. Ed. Course.

(6.) The said administrator passed another order on August 3, 2000 treating the writ petitioner as a language teacher and declaring the vacancy in physical education. The District Inspector was also approached for filling up the post of Assistant Teacher in Physical Education through School Service Commission. However, the post of physical education teacher is still vacant.

(7.) The writ petitioner continued to work as Assistant Teacher not only in language group but also in physical education. This continued up to 2003, the petitioner was paid regular salary admissible to an approved Assistant Teacher up to May, 2003.

(8.) In May 2003 Drawing and Disbursing Officer was appointed by the appropriate authority under the State to release salary to the teaching and non-teaching staff. The said officer