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CALCUTTA HIGH COURT (IN THE CIRCUIT BENCH AT JALPAIGURI)
ARINDAM MUKHERJEE
Surya Mani Rai – 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 Goke High School (respondent no.8). The date of joining of the petitioner as per the joining report annexed to the writ petition is 19th February, 2018. The petitioner says that he has been rendering service in the said school continuously since then.
2. 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 of 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 a long time in past. Subsequent to the suspension of the application of the 1997 Act, in respect of DGHC the District Inspector of Schools (SE), DGHC, Darjeeling was directed by a memo dated 16th September, 2010 by the Secretary, Department of Education, DGHC, Darjeeling to follow the usual procedure for appoin
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....
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....
Temporary appointments without sanction cannot be regularized, but differently-abled individuals must be considered for future employment opportunities.
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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