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1996 Supreme(Cal) 18

SATYABRATA SINHA, SATYA NARAYAN CHAKRABORTY
Basudeb Bag – Appellant
Versus
Bhaskar Chandra Kar – Respondent


Advocates Appeared:
For the Appellants: Mr. Amal Baran Chatterjee and Asit Baran Mukherji.
For the Respondent No.1: Mr. D. P. Majumdar and Ms. Chameli Majumdar.
For the Headmaster: Mr. D. N. Lahiri and Jagadish Chandra Das.
For the State: Mr. P. K. Basu.

JUDGMENT

The judgment of the Court was as follows :––

Sinha, J: This appeal is directed against a judgment and order passed by S. K. Sen, J., dated 12.9.94 passed in C. R. No. 11949 (W) of 1983, whereby and whereunder the said learned Judge allowed the writ application filed by the writ petitioners questioning the memos dated 2.9.82 and 21.10.82 issued by the District Inspector of Schools, whereby and whereunder he had cancelled a panel prepared by the Managing Committee of the school.

2. The fact of the matter lies in a very narrow compass.

3. The father of the writ petitioner No.1, Narayan Chandra Kar was a Class IV employee. He used to work as drinking water supplier cum night guard. He retired on April 1, 1991. The writ petitioner No.1 had been performing his duties on ad hoc basis. Another employee, namely, one Bhajahari Ruidas was working as Sweeper as also locking and unlocking the gates of the school. He died on 2.3.81, whose duties were being performed by the petitioner No.2 on ad hoc basis. Two Class IV vacancies arose in the said school. The Managing Committee by a memo No. 47 dated 8.5.81 sought for permission to fill up the said two posts. Such permission was granted by th















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