PRANAB KUMAR CHATTOPADHYAY, J.

1. THE principal question that arises for our consideration in this appeal is whether the Group D post of Lady Attendant in Kalinagar Girls High School should be filled up by the West Bengal School Service Commission following the provisions of the West Bengal School Service Commission (Amendment) Act, 2008 which came into force on January 1, 2009 or the said vacancy should be filled up following the pre-existing statutory procedures. In other words, the real issue to be decided in the present appeal is whether the vacant post of Group D staff in the concerned school should be filled up following the statutory procedure which was in vogue prior to the commencement of the said West Bengal School Service Commission (Amendment) Act, 2008.

2. THE facts which gave rise to this appeal are briefly stated hereinafter: THE Group D post of Lady Attendant fell vacant in the concerned school on 31st May, 2006. THE concerned District Inspector of Schools granted prior permission for filling up the said Group D post of Lady Attendant on 25th September, 2007. After the issuance of the aforesaid prior permission, the school authority sent requisition to the Em