1991 Supreme(Cal) 423

CALCUTTA HIGH COURT
N.P. Singh, C. J. & Tarun Chatterjee, J.
The District School Board, 24 Parganas (North & South) & Ors.
Vs.
Dukhiram Sardar & Ors.
F.M.A. No. 625 of 1991
Decided On : September 11, 1991

An employee who has rendered long and uninterrupted service, even if initially employed on a voluntary basis, cannot be kept indefinitely on a voluntary basis and can acquire a right to continue in service which can only be terminated by a procedure that can be held to be reasonable.

Headnote:

REGULARIZATION OF SERVICE - VOLUNTARY SERVICE - APPROVAL OF APPOINTMENT - WEST BENGAL PRIMARY EDUCATION ACT, 1973 - WEST BENGAL PRIMARY EDUCATION RULES, 1974 - SERVICE RENDERED BY THE PETITIONER AS AN ASSISTANT TEACHER IN A PRIMARY SCHOOL ON VOLUNTARY BASIS FOR OVER 14 YEARS - REGULARIZATION OF SERVICE - HELD, THE PETITIONER'S SERVICE SHOULD BE REGULARIZED.

Fact of the Case:

The petitioner, a young man, started working as an Assistant Teacher in a primary school in 1975 on a voluntary basis, without being appointed by the District School Board. He continued to serve the school for over 14 years, with the knowledge of the School Board. The School Board did not take any steps to regularize his service or to reject his recommendations for absorption as an Assistant Teacher. The petitioner filed a writ petition seeking a direction upon the School Board and the Director, Primary Education, Government of West Bengal to approve his appointment and to pay him salary and other emoluments. The learned Judge allowed the writ petition and directed the School Board to regularize the petitioner's service and to pay him salary and allowances from the date of his appointment.

Finding of the Court:

The Court found that the petitioner had been working in the school since November 1975 as an Assistant Teacher in a permanent vacancy caused due to the retirement of an assistant teacher of the School. The recommendations for his absorption in the School were made to the School Board from time to time by Deputy Assistant Inspector of Schools, the Head Teacher of the School. The recommendations which were made from 1975 to 1981 were neither rejected nor considered by the School Board. From 1977 to 1981 the School Board did not take any step in the matter of directing the School authorities not to allow the respondent to utilize the service of the Respondent as the service of the Respondent could not be regularised or approved by them. The writ petitioner was rendering service to the School from November, 1975 to 1931 with knowledge of the School Board and thereafter by virtue of the interim order granted by this Court till the disposal of the writ petition on 22nd December, 1989. The School Board did not take any step against the interim order granted by the learned Judge by filing any appeal and allowed such interim order to continue for about seven years. The Respondent was rendering service to the School as an Assistant Teacher with the approval of the School Authorities and with the knowledge of the School Board, in a permanent vacancy caused due to retirement of an Assistant Teacher of the School.

Issues: 1. Whether the petitioner's service as an Assistant Teacher in the primary school should be regularized, even though he was initially employed on a voluntary basis? 2. Whether the School Board's failure to regularize the petitioner's service after over 14 years of continuous service was unfair and unreasonable?

Ratio Decidendi: The Court held that the petitioner's service should be regularized, even though he was initially employed on a voluntary basis. The Court reasoned that the petitioner had worked in the school for over 14 years without any break of service, with the knowledge of the School Board. The School Board had not taken any steps to dispense with the petitioner's services or to reject his recommendations for absorption as an Assistant Teacher. The Court further held that the School Board's failure to regularize the petitioner's service after over 14 years of continuous service was unfair and unreasonable. The Court noted that the petitioner had devoted a long period of his life to the service of the school and that it would be unjust to now treat him as a teacher giving voluntary service.

Final Decision: The Court allowed the appeal to the extent of directing the School Board to regularize the petitioner's service as an Assistant Teacher of the School from the date fixed by the School Board or the Director of Primary Education, West Bengal, after giving a personal hearing to the petitioner and passing a reasoned order, in accordance with law. The Court also directed the District Inspector of Schools (Primary Education) South 24-Parganas and the Director of Primary Education to pay salary and other emoluments from the date of regularization of service of the petitioner fixed by the concerned authority in accordance with the prescribed scale of pay within two months from such date.