The denial of a relief in a previous proceeding precludes its grant in a subsequent proceeding, and the observations and directions in an earlier writ-petition can influence the court's decision in a subsequent writ-petition.

JUDGMENT :

1. Admittedly the appellant was appointed in the post of Assistant Teacher on September 11, 2017, after a long battle fought successfully. The appellant offered her candidature and appeared in the Regional Level Selection Test 1998 held in the year 1999 by the West Bengal School Service Commission (Southern Region) and emerged successfully therefrom. She was expecting recommendation for appointment in any Government aided school but subsequently such recommendation was not put in reality, and the appellant realized that she has been discriminated as the general category candidate who has obtained lesser marks than her, has been recommended by the Commission.

2. Immediately a writ-petition being WP 19441 (W) of 1999 was filed challenging the panel prepared by the Commission with further direction to publish the panel in accordance with law. The aforesaid writ-petition was filed by several aggrieved persons including the appellant herein and at the time of hearing it was found that all the petitioners have distinct cause of action and, therefore, cannot be joined in one writ-petition and a direction was passed upon the petitioners therein including the appellant to file afresh ventilating their individual grievances. Pursuant to such liberty, another writ-petition being WP 10623 (W) of 2003 was filed with a substantive prayer commanding the respondents to recommend the name of the appellant for appointment as Assistant Teacher in Philosophy within the jurisdiction of the School Service Commission in Southern Region in any School in terms of Regulation 9(3) of Regulation 1 of the West Bengal School Service Commission (Procedure for Selection of Persons for Appointment to the Posts of Teachers including Headmasters/ Headmistress/ Superintendents of Senior Madrasahs in recognized Non-Government Aided Schools and Procedure for Conduct of Business of the Commission) Regulations, 1998 (hereinafter referred as Regulation of 1998). The said writ-petition was dismissed by the single Bench as the validity of the said panel had expired. The said order of the single Bench was carried to a Division Bench in FMA 1270 of 2009. The Division Bench vide order dated June 12, 2017, allowed the said appeal directing the Chairperson of the Regional Commission to recommend the name of the appellant for appointment to the post of Assistant Teacher despite the fact that the life-span of the panel has expired. It was further observed while allowing the said appeal in the following:

22. Since the writ petitioner was entitled to be recommended for appointment in the year 1999 but for no fault on her part she has not been able to discharge duty for the last 18 years, consequent whereto she has also been deprived of financial benefits that could have accrued in her favour, we would exercise discretion by giving her the benefit of discharging duty in a school in Kolkata and, therefore, we further direct the Chairperson of the regional commission to recommend her in an appropriate vacancy in a school within a radius of 10 kilometers of her residence.

3. It is thus apparent from the order of the Division Bench that the petitioner was found eligible to be appointed in such post and have been deprived for nearly 18 years in discharging such duties in such capacity. The Division Bench was of the view that the only solace which can be extended to the appellant, is to place her in a School under the control of the said Commission within a radius of 10 kilometers of her residence.

4. Undisputedly, the petitioner was issued an appointment letter on September 9, 2017, and joined the said post on September 11, 2017. Such appointment was subsequently approved on April 27, 2018. It appears from the record that the writ-petitioner though joined on September 11, 2017, was not paid the remuneration and/ or salary on and from 11.09.2017 till 30.04.2018. A grievance was raised in this regard before the District Inspector of Schools (SE), Kolkata on August 7, 2019.

5. Sub