Sisir Roy vs State Of West Bengal & Ors
2022 Latest Caselaw 7384 Cal

30    07.11.2022
      Ct.15
                                    W.P.A. 7929 of 2020
rkd

                                          Sisir Roy
                                            -vs-
                                 State of West Bengal & Ors.

                   Mr. Ashis Kumar Paul
                                                               ....for the petitioner.


                           The grievance of the petitioner is that in

                   spite of working a non-teaching staff with effect

                   from   24th   June,      2011    till    date    approval     of

                   appointment     of     the   petitioner        has   not   been

                   accorded by the concerned respondent authorities.

The learned advocate representing the

petitioner has submitted that he made a

representation dated 8th September, 2015 to the

concerned District Inspector of Schools (SE),

Birbhum seeking approval of appointment in his

favour which has not been considered by the

authority. Therefore, according to the petitioner

this is a fit case where direction needs to be given

either for grant of approval of appointment in

favour of the petitioner or the concerned District

Inspector of Schools (SE), Birbhum ought to be

directed to consider the representation of the

petitioner.

This Court has heard the learned advocate

representing the petitioner and also considered the

document dated 16th February, 2018 issued by the

teacher-in-charge whereby it has been certified that

petitioner has been working as non-teaching staff

with effect from 24th June, 2011.

On behalf of the petitioner it has not been

demonstrated before this Court that the petitioner

was appointed as non-teaching staff in the school

in question against sanctioned vacancy and he was

appointed with effect from 24th June, 2011 upon

following the relevant recruitment rules prevailing

at the material point of time after issuing prior

permission by the concerned District Inspector of

Schools.

In absence of observance of recruitment

rules in the matter of appointment of the petitioner

against a vacancy which is not sanctioned it

transpires that no enforceable legal right has been

established in favour of the petitioner warranting

issuance of mandamus for grant of approval.

In this regard, reliance has been placed on

the judgment of the Hon'ble Apex Court delivered in

the case of State of Karnataka -vs- Uma Devi

reported in 2006 Vol. 4 SCC 1.

Accordingly, the writ petition stands

dismissed.

However, there shall be no order as to

costs.

Urgent photostat certified copy of the order,

if applied for, be given to the parties, upon usual

undertakings.

(Saugata Bhattacharyya, J.)