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2022 Supreme(Cal) 1168
IN THE HIGH COURT OF CALCUTTA
Krishna Rao, J.
Ashok Kumar Lal - Appellant
Versus
State Of West Bengal And Others - Respondent
Writ Petition No. 6798 of 2015, IA No: CAN 01, 02 of 2020
Decided On : 06-01-2022
Subir Sanyal, Advocate, Sumita Sen, Advocate, Sagnik Roy Chowdhury, Advocate, Shamim-ul-Bari, Advocate
The court cannot issue a direction for regularization of service, but the petitioner is entitled to approved salary as an assistant Teacher from 7th September 1994 based on previous court orders.
Headnote:
Regularization - Service - 7th September, 1994, 2nd September 1998 - Article 226 of the Constitution of India, (2014) 14 SCC 50, (2016) 8 SCC 293, 2015 (1) CHN (CaL) 211
Fact of the Case:
The petitioner, a graduate in Science, was appointed as an assistant Teacher in a school in 1988. Despite court orders, the respondents failed to regularize the petitioner's service and release arrears of salaries. The petitioner filed a writ petition for regularization and release of benefits from 7th September 1994.
Finding of the Court:
The court found that the petitioner was entitled to approved salary as an assistant Teacher from 7th September 1994, as per previous court orders. The court also held that it cannot issue a direction for regularization of the petitioner's service.
Issues: Non-compliance with court orders, entitlement to approved salary, and regularization of service.
Ratio Decidendi: The court cannot issue a direction for regularization of service, but the petitioner is entitled to approved salary as an assistant Teacher from 7th September 1994 based on previous court orders.
Final Decision: The writ petition was disposed of with a direction to release the approved salary of the petitioner as an assistant Teacher from 7th September 1994 till 27th March 2014 within eight weeks.
JUDGMENT
1. Inspite of opportunity provided to the respondents, the respondents have not filed their affidavit in opposition. On 9th December 2021 the counsel for the respondent had prayed for two days time to file affidavit in opposition and even thereafter the respondents have not filed their affidavit. Today the Ld. Counsel for the respondents submitted that he will argue the matter relying upon the materials available on record.
2. The instant writ petition is filed praying for regularization of service with effect from 7th September, 1994 including all arrears of salaries in terms of the order passed by this Court on 7th September 1994 and 2nd September 1998.
3. The counsel for the petitioner contended that the petitioner is Graduate in Science. The petitioner was appointed as assistant Teacher in Science Group in Jay Kay Nagar High School, Burdwan by the then Managing committee of the School in the year 1988 and he is continuing with the same. In the year 1994 the petitioner had filed a Writ Petitioner before this Court praying for regularisation of his service as assistant Teacher. The writ petition was disposed of by this Court on 7th Septmber, 1994 by passing the following order:
'Keeping in view the fact that the petitioners have been serving the school in question for a long time, the writ application is disposed of with a direction to the concerned respondent to consider the case of the petitioners along with other eligible candidates as and when the posts in question are to be filled up. The age bar of the petitioners, if they are selected, may also be condoned.
I hope and trust that till the regular vacancy is filled up, the petitioners shall be allowed to continue as approved teachers.'
4. Inspite of the order passed by this court the respondents have not complied with the same and the petitioner has filed another writ petition before this court being WP No. 13412 of 1998 and the said writ petition was disposed of on 2nd September 1998 by passing the following order:
'On top of the same in view of the order as mentioned before, viz., the order dated 7th September, 1994, the petitioners have been allowed to continue as approved teachers, and as such, they are entitled to get their pay structure accordingly till vacancies are filled up on regular basis.'
5. after the orders passed by this Court the District Inspector of School, Secondary Education, Burdwan has issued a letter to the Secretary, Jay Kay Nagar High School and requested to make payment to the petitioner from 7.9.1994 in admissible scale of pay and also to submit necessary papers for regularisation of their service.
6. On 9th December 2003 the District Inspector of School informed the counsel for the petitioner that the office has already taken steps for implementation of the order passed by this Court dt.02.09.1998 and instructed the Secretary of the School to make payments to the petitioners from 07.09.1994 in the admissible scale of pay and to submit papers for regularization.
7. Inspite of the communication made by the respondents, the order passed by this Court was not implemented and the petitioner had filed a contempt application for wilful and deliberate violation of the order passed by this Court being WPCRC 12060 of 2004. The said contempt application was disposed of on 04.08.2005 by passing the following order:
'This application can be treated as an application for meaningful implementation of the aforesaid order. The learned Counsel for the school authority submits that the school authority has done everything for giving effect to the aforesaid declaration. However, the District Inspector of Schools concerned has not done anything else.
In that view of the matter, I direct the District Inspector of Schools to implement the aforesaid declaration given by the Court as above within a period of 12 weeks from the date of communication of this order.'
8. after the order passed by this court, the assistant District Inspector of Schools had again sent a letter
