Anita Bhattacharyya vs State of West Bengal

Debangsu Basak, J.—The petitioner has challenged a circular being Memo no. 1380(20)/G.A. dated September 27, 1996 issued by the Director of School Education, West Bengal.

According to the petitioner she has been working as a clerk in a library on adhoc basis since 1983. Her service was sought to be terminated, without a written order of termination. She had approached the High Court earlier. She has filed the present writ petition challenging the act of termination and seeks absorption in the post.

The State Authorities are represented. On behalf of the State Authorities it is submitted that, the petitioner was appointed on adhoc basis. This practise of appointment on adhoc basis was sought to be stopped by the impugned circular. Since the petitioner is continuing with her engagement by virtue of the interim order of Court, the State has not been able to take steps for the purpose of filling up the vacancy of the post. The State will take expeditious steps for the purpose of filling up such post if the interim order is vacated.

I have considered the rival contentions of the parties and the materials made available on record.

The petitioner is working as a clerk in a library on adhoc basis from 1983. Her service was terminated in 1996. She continues to work as such clerk by virtue of an interim order passed in this writ petition.

A period of 12 years have lapsed since the initial interim order was passed.

In such circumstances, in my view, the ends of justice would be subserved by requiring the State Authorities to take immediate steps for the purpose of filling up the vacant post of the clerk at the concerned institute. In the event such post is sought to be filled up, the petitioner will be entitled to participate therein irrespective of her present age inasmuch as she was working thereat since 1983. In 1983 she would have clarified with regard to the age required for the post. Apart from the age of the petitioner, no other qualification required to participate in the selection process to such post is relaxed. In the event the petitioner qualifies the other qualifications she will be allowed to participate in such selection process without insisting on the age qualification.

It is expected that the State Authorities would initiate the filling up the vacancy as expeditiously as possible.

The petitioner will continue to work for another four weeks from date. On the expiry of such period the petitioner will vacate her office.

With the aforesaid directions, W.P. 947 of 2003 is disposed of. No order as to costs.

In view of the order passed in the writ petition, further order need be passed in G.A. 134 of 2004. G.A. 134 of 2004 is disposed of.