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CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI
ARINDAM MUKHERJEE
Bivek Gurung – Appellant
Versus
Gorkhaland Territorial Administration Council, Lalkuthi – Respondent
JUDGMENT :
Arindam Mukherjee, J.
1. The petitioner was appointed on purely temporary basis as a Group-C employee in Ranju Valley Junior High School (respondent no.8). The appointment letter issued by the said school is dated 16th September, 2010 and the joining date as per the joining report annexed to the writ petition is dated 1st July, 2015. The petitioner says that he has been rendering service in the said school continuously since then.
2. It is also the case of the petitioner that the said school was recognized as a new set up, and as such the posts of teaching and non- teaching staff are deemed to have been granted as without such sanction, the school could not function. The petitioner is seeking regularization of his services.
3. The application of the School Service Commission constituted under the West Bengal School Service Commission Act, 1997 (hereinafter referred to as ‘the 1997 Act) has been restricted in respect the erstwhile Darjeeling Gorkha Hill Council (in short, DGHC), which is presently known as Gorkhaland Territorial Administration (in short, GTA), in view of the provisions of Gorkhaland Territorial Administration, Act 2011, has admittedly remained suspended from
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Temporary appointments without sanction cannot be regularized, but differently-abled individuals must be considered for future employment opportunities.
No such order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powe....
No order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powers un....
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
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