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2018 Supreme(Cal) 541

ARIJIT BANERJEE
Md. Ghiasuddin Mullick – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant : Debasree Dhamali, Adv.
For the Respondent: Tapan Kr. Mukherjee, Ld. Addl. Govt. and K.M. Hossain, Adv.

JUDGMENT :

Arijit Banerjee, J.

1. In this writ application the petitioner challenges a memo dated 8 February, 2014 issued by the District Inspector of Schools (SE), South 24 Parganas (respondent No. 5), the operative portion whereof reads as follows:-

"After perused through the relevant papers and documents of the said Madrasah, the undersigned is also of the opinion of not regularizing the petitioner as because the quota of organizing staff were duly fulfilled at that point of time when the Madrasah was upgraded. The liability of excess appointment of organizing staff should not be borne by the Government by paying public exchequer.

In the light of the above observations, facts and circumstances the undersigned rejects the plea of the petitioner as it is against the prevailing rules and regulations at the material point of time as well as ultra vires with regards to the orders passed by Hon'ble Supreme Court of India and Hon'ble High Court of Calcutta. All concerns are being informed accordingly."

The petitioner prays for quashing of the said memo and for a direction on the respondents to absorb him in the post of assistant teacher in language group in Bishalaxmipur Puna Saha Mostania


































































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