JUDGMENT :

Rabindranath Samanta, J.

1. Challenge in this writ petition is against a letter dated 16th May, 2019 issued by the Joint Secretary to the Government of West Bengal, Panchayats and Rural Development Department whereby the petitioner was directed to step down from the post of Samprasarak of a Madhyamik Shiksha Kendra.

2. The background facts which led to the filing of the writ petition may be summed up as under:

The managing committee of Chandan Kuntha Madhyamik Shiksha Kendra by an advertisement published on 23.07.2007 invited applications from the eligible candidates to engage a Samprasarak in Life Science in the Shiksha Kendra. The petitioner and the private respondent namely Chandra Shekhar Mukherjee submitted applications for engagement as Samprasarak in Life Science. The Shiksha Kendra also published an advertisement for filling up a post of Samprasarak in History. However, since an eligible candidate has been selected and he has been discharging his duties, there is no dispute with regard to the engagement of the Samprasarak in history.

3. The managing committee of the Shiksha Kendra empanelled the private respondent Chandra Shekhar Mukherjee as the first candidate and the petitioner as the second candidate. Challenging the engagement of the private respondent the petitioner filed a writ petition being W.P No. 19439(W) of 2007 in this Court. A learned Single Bench disposed of the writ petition directing the District Panchayats and Rural Development Officer to consider the objection of the petitioner. In compliance of the Court’s order the District Panchayats and Rural Development Officer passed an order observing that the process of selection to engage the private respondent as a Samprasarak in Life Science was improper and accordingly the selection of the private respondent was cancelled. By the same order the District Panchayats and Rural Development Officer directed the authority of the Shiksha Kendra to take necessary steps for selection of Samprasarak in Life Science following the guidelines laid down by the Panchayats and Rural Development Department, Government of West Bengal. Though the petitioner was empanelled as the second candidate, but, he was not engaged as a Samprasarak.

4. Aggrieved by the order for not issuing any direction to engage him as a Samprasarak, the petitioner preferred an another writ application being W.P No. 15204(W) of 2009 in this Court. A learned Single Bench disposed of the writ application directing the District Panchayats and Rural Development Officer to engage the petitioner as Samprasarak in Life Science within a specified time. In compliance thereof the District Panchayats and Rural Development Officer issued engagement letter in favour of the petitioner and he joined the post of Samprasarak in Life Science in Chandan Kuntha Madhyamik Shiksha Kendra Kendra on 12.05.2016. After he joined the post, honorarium was disbursed to him for the period from 20.06.2016 to 31.05.2019 through his bank account with United Bank of India, Deshbandhu Road Branch.

5. Aggrieved by the order passed by the learned Single Bench allowing the petitioner to join the post of Samprasarak, the private respondent preferred a Mandamus Appeal being MAT No. 874 of 2016 before the Hon’ble Division Bench. By order dated 06.01.2018 the Hon’ble Division Bench set aside the order dated 22.05.2016 passed by the learned Single Bench and directed the petitioner to step down from the post of Samprasarak. Besides, the authority of the institution was directed to initiate a fresh selection process in accordance with the direction of the District Panchayats and Rural Development Department Officer passed on 11th June, 2009. The Hon’ble Division Bench observed in the order that after receiving the appropriate permission from the District Panchayats and Rural Development Officer the selection process would be initiated and the selection process would be confined to the petitioner and the private respondent.

6. On 28th May, 2