IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Rai Chattopadhyay WPA 4028 of 2013 Gouranga Sardar Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Anindya Sundar Das, Adv., : Mr. Shaunak Ghosh, Adv., : Ms. Paramita Mondal, Adv., : Ms. Suva Gayen, Adv., : Mr. Suman Haldar Adv.

For the State : Mr. Gourav Das. Adv., : Mr. D. Bandhu. Adv., Judgment on : 13/02/2026 Rai Chattopadhyay, J. :-

1. Admittedly the writ petitioner has been appointed in the respondent school (Ramratanpur Bapuji High School), on December 15, 2008, without following a selection process in accordance with law. He joined in the post of Group ‘D’ Staff in the said school on and from December 24, 2008. He claims that since thereafter he has served in the said school continuously without any break. His further contention is that the post in which he was appointed, fell vacant due to retirement of the permanent approved Class-

IV staff of the said school, who was earlier appointed therein.

2. The writ petitioner has further stated that though he has been appointed as against the sanctioned vacant post, with upgradation of the said school, further posts were also created and sanctioned therein. In such circumstances, the petitioner is aggrieved with declined of his prayer for approval by the respondent authorities.

3. Let the relevant facts leading the filing of this writ petition by the present petitioner be narrated here in a nutshell. A permanent post of Class IV staff fell vacant in the respondent school, due to retirement of the incumbent posted therein. The Managing Committee of the school appointed the petitioner by issuing appointment letter dated December 15, 2008. The petitioner joined in the school with effect from December

24, 2008.

4. In spite of recommendation by the Managing Committee of the school for approval of service of the writ petitioner, the respondent No. 3/ District Inspector of Schools ( Secondary Education) South 24 Parganas, allegedly has not taken any action pursuant to the recommendation of the school and by granting approval of services of the writ petitioner. The petitioner says that the school was upgraded from a Junior High School to High School with effect from May 01, 2009. Consequently additional posts of group ‘D’ staff were created and sanctioned due to upgradation of the school.

5. The petitioner’s further ground is that he has been employed in the school as against the sanctioned, vacant and substantive post and work there for more than 02 years continuously without any break. Therefore, according to the petitioner, his right has accrued, to be made permanent by way of grant of approval in his service. He has made representation before the respondent authority on June 29, 2012, praying for approval of service but to no effect whatsoever. He also moved writ petition before this Court being No. WP 20506 (W) of 2012. This Court by dint of order dated January 3, 2013 as directed the respondent No. 3/ District Inspector of Schools (Secondary Education), South 24 Paraganas to consider his representation and pass a reasonable order.

6. The petitioner’s grievance is that respondent has blatantly violated to comply with the Court’s order as above. The petitioner’s further grievance is with respect to the recommendation order of the West Bengal Regional School Service Commission dated November 19, 2012 whereby the petitioner has been recommended for appointment as a qualified candidate of the 1^st RLST, 2010 in the post of a ‘Peon’. He submits that his service ought to have been approved with effect from the date of his joining i.e. December 24, 2008 and not from a date pursuant to the recommendation of the West Bengal Regional School Service Commission vide letter dated November 19, 2012.

7. For the reasons inter alia as above, the petitioner seeks relief in this case that the respondent No. 3/District Inspect of School be directed to accord approval of appointment of the pet