JUDGMENT :

Bivas Pattanayak, J.

1. By the present writ petition, the petitioner seeks direction upon respondent authorities for renewal of his service as Para Teacher at Chandpur Upendra Nath High School (H.S.), Village-Chandpur, Post Office-Balichaturi, Police Station-Shyampur, District-Howrah and arrears of wages.

2. The fact of the case is as follows :

i. The writ petitioner participated in the selection process for appointment to the post of Additional Para-Teacher and upon being successful in the selection process he was appointed as an Additional Para Teacher at Chandpur Upendra Nath High School (H.S.) (in short, 'the School') in June, 2007.

ii. While the petitioner was serving as a Para Teacher in the said School, a complaint was lodged on 4^th July, 2007 against him by one Madhumita Mondal alleging that the petitioner had behaved in an indecent manner with her. On the basis of such complaint, the Managing Committee of the School discharged the petitioner from the post of Additional Para Teacher by adopting a resolution on that date itself i.e. 4th July, 2007.

iii. The said resolution of the Managing Committee of the School was challenged by the petitioner by writ petition being WP 4562(W) of 2009. The said writ petition was disposed of by order dated 25^th April, 2014 holding that the impugned resolution was violative of the principles of natural justice inasmuch as the petitioner had not been granted any opportunity of hearing prior to such resolution being adopted and set aside the impugned resolution. The operative portion of the said order reads as follows:-

“Mere expiry of the panel during pendency of the legal proceeding cannot defeat the claim of a candidature for appointment to the post. Such proposition would be explicit from the judgment delivered in the case of Nirupama (Roy) Barmanvs.- State of West Bengal and Others, reported in (2013) 2 CLJ page 462.

Accordingly, I direct the petitioner to make a representation for engagement to the said vacant post of additional para teacher in the said School.

The said representation should be made inclusive of all relevant documents to the respondent No. 3 within a period of three weeks from date.

Upon receipt of the said representation, the respondent no. 3 shall consider the same upon granting an opportunity of hearing to the writ petitioner and the said school authorities and shall pass a reasoned order in accordance with law.

The entire exercise should be concluded within a period of twelve weeks from date.

Needless to observe, in the event that the petitioner's claim deserves acceptance, necessary follow up steps should be taken by all the respondents for engagement of the petitioner to the post of additional para teacher in the concerned school.”

iv. Pursuant to such order, the petitioner made a representation on 14^th May, 2014 to the District Project Officer, Sarva Shiksha Mission, Howrah.

v. On 26 July, 2007, the School Management Committee adopted another resolution to the effect that since the petitioner had failed to produce the residential certificate as a resident of VEC- Balichaturi-X before the School Authority as asked for, his engagement to the post of para Teacher in the said School was treated as cancelled.

vi. The District Project Officer held a hearing on 25^th July, 2014 and passed an order on the basis of office records and all available documents holding that the petitioner was a resident of erstwhile VEC- Balichaturi-X which has became VEC-7 and hence there was no valid ground for cancellation of candidature of the writ petitioner.

vii. As regards reinstatement, the District Project Officer held as follows:

"As regards to the appeal of Sri Gobinda Guria, at this point of time there is no such provision to reinstate him to his former post of para-teacher in Chandpur Upendranath High School because of the order of the State Project Director, PBSSM vide Memo No.278(20)Ped/PBSSM/2010 dtd. 27.03.2010,'if any para teacher engaged previously in any schools, leaves the jo