Judgment :

Rajarshi Bharadwaj, J.

1. By this appeal, the correctness of the judgement of the Learned Single Judge dated 04.11.2022 passed in W.P.A. No 1181 of 2022 (Thinlay Bhutia & Ors-versus-The Gorkhaland Territorial Administration Council & Anr) has been questioned by the appellants (respondents no. 1-2 in the writ petition).

2. The brief facts of the case are that the petitioners herein the respondents no. 1-37 are the non-teaching staff, appointed by their respective school authorities against the permanent sanctioned vacant post in their respective schools.

3. The West Bengal School Service Commission Act, 1997 while operative for appointing teaching and non-teaching staff in schools, is not applied in the hill region, leading to staffing difficulties. The Hon'ble High Court issued several orders for approving the appointment of long-serving teaching staff against sanctioned vacant posts in Darjeeling schools. Subsequently, the Gorkhaland Territorial Administration (GTA) herein the appellant no.1 formed a verification committee for non-teaching staff. An order issued by the Executive Director, Education Department, GTA herein the appellant no.2, on 11th February 2021, directed the District Inspectors of Schools (SE) in Darjeeling and Kalimpong herein the respondent no. 39 and 40, respectively to verify documents of non-teaching staff, which was conducted on 19th and 20th February 2021, respectively.

4. The appellant no.2, in a memo dated 03.09.2019, further instructed physical inspections and report submissions of these staff. On the other hand, the non-teaching staff in the hill region formed the Hill Temporary Insecure Non-Teaching Staff Association, OTA, to advocate for permanent approval of Group "C" and "D" staff under the Education Department, GTA.

5. Despite the respondent no.39 submitting a regularization proposal for ad- hoc/volunteer non-teaching staff on 20.12.2016, no action was taken. The association president submitted a list of the voluntary non-teaching staff to the Hon'ble Chairman of GTA on 30.07.2019, but no decision was made regarding their permanent approval against vacant sanctioned posts.

6. Thus, being aggrieved by the protracted delay exhibited by Respondents Nos. 37-67 in granting approval for the permanent appointment of the petitioners, herein respondents No. 1-37, pursuant to the verification conducted by the authorities, WPA 1181 of 2022 was instituted. In this matter, the Learned Single Judge rendered the following order:

"This writ petition, designated as WPA 1181 of 2021, is hereby disposed of with a directive to the relevant respondent authority to accord approval to the appointment of the petitioners, contingent upon the fulfillment of the eligibility criteria for the said post, following the established procedural protocol, within a period of eight weeks from the date of receipt of this order."

7. Being dissatisfied with the directives issued by the Learned Single Judge, the appellant has filed the current memorandum of appeal, contesting and seeking redress against the impugned judgment and order dated 4th November 2022.

8. The Learned Counsel for the appellants submits that the petitioners/respondent’s no. 1-37 claim of legitimate expectation based on past absorptions is legally untenable. Past instances of absorption on a contractual basis do not create an automatic right for the petitioners/respondents no. 1-37 to be absorbed as a permanent employee. Reliance on previous judgment by this Hon’ble Court in Arbind Rai & Ors. Vs. The State of West Bengal & Ors. in WP 34439 (W) of 2014 has been placed by the petitioners/respondents no. 1-37 does not substantiate a claim of discrimination or guarantee of absorption. Moreover, there is no violation of Article 14 of the Constitution of India. The petitioners/respondent’s no. 1-37 plea of discrimination is unfounded as they were appointed on a contractual basis with a clear understanding of the terms of service. The authorities' actions are in accor