K. J. Sengupta, J.

1. THIS appeal is at the instance of the State impugning the judgment and order of the learned Trial Judge dated 10th September 2004 passed in Writ petition No. 3163(W) of 2003. The short fact of the case for which this writ petition was filed by the respondent is stated hereunder:

2. THE writ petitioner was appointed as Assistant Teacher in Burnpur Sri Guru Nanak High School (hereinafter referred to as the said School) by the Managing Committee of the said School on 29th March 1994. It appears from the said letter of appointment she was appointed with effect from 1st April 1994 on consolidate basic pay of Rs. 300 per month as an unapproved teacher as at that pint of time there were vacancies in the School which were not filled up. THE said letter of appointment was issued by the then Secretary of the Managing Committee of the said School as she was found to have requisite qualification. Since then she has been rendering services in the said School. Despite repeated representations being made her appointment was not approved by the District Inspector of Schools.

One Mukti Sinha an Assistant Teacher in Geography who was also similarly placed with that of th