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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Pratap Roy – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. challenge to non-approval of clerk appointment. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments for the petitioner's vested rights. (Para 7 , 8 , 9 , 10 , 11) |
| 3. court analysis of appointment validity. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. writ petition allowed with directions. (Para 21 , 22 , 23) |
JUDGMENT :
Rai Chattopadhyay, J.
1. The writ petitioner’s grievance is with regard to non-approval of his service in Nayabazar High School in the post of Clerk. In the instant writ petition he has challenged the decision of the District Inspector of Schools, Secondary Education, Dakshin Dinajpur vide his order dated July 22, 2011.
2. Facts remain that prior permission for filling up of the post of Clerk was obtained by the School Authority from the respondent No. 4/Additional District Inspector of Schools, Secondary Education, Gangarampur on July 9, 2008.
3. Hence, there was advertisement of vacancy published and interview held by the School Authority. The Selection Committee has thereafter prepared the panel, which was approved firstly by the Managing Committee of the School and ultimately by the said respondent No. 4 vide memo dated November 4, 2008. Pursuant to suc
Authority lacks jurisdiction to retroactively disown approved appointments without due process, affirming the necessity of natural justice and protecting vested rights established through service.
The judgment establishes the principle that public officers must act reasonably and responsibly in their official duties, conforming to the rule of law. It also emphasizes the importance of ensuring ....
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
Post of Clerk – Selection process - Appointment of petitioner/respondent, if allowed, will amount allowing a person to be appointed without following procedure of law as selection process of petition....
The main legal point established in the judgment is that the initial appointment of the appellant on the post of Junior Clerk was illegal due to violation of the relevant provisions of the Maharashtr....
The main legal point established in the judgment is the illegality of appointments made by the Panchayat Employment Committee, the entitlement of the writ petitioner to be offered appointment and con....
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