Bimal Rai vs State Of West Bengal And Others

Moushumi Bhattacharya, J

The petitioner is serving as a Teacher-in-Charge of a government aided high school within the territory of the Gorkhaland Territorial Administration (in short 'GTA'). The petitioner's case is that the petitioner was recommended by the District Inspector of Schools on 26th July, 2018 as Headmaster of the school where he is presently working but the said recommendation has not been given effect to.

Mr. Sanjay Mazumder, learned Counsel appearing for the petitioner submits that the post of Headmaster is vacant in the school where the petitioner is presently serving and that there has not been any new recruitment for this post. Counsel submits that the petitioner is competent and eligible for the post of Headmaster and has also been recommended by the District Inspector of Schools, G.T.A. Counsel also relies on orders passed in several other writ petitions where petitioners in similar circumstances have been given relief. Counsel as of now only prays that a representation made by the petitioner on 20th November, 2019 contained in Annexure 'P-11' should be considered by the respondent no.2, namely, the G.T.A. through the Principal Secretary, Department of Education, G.T.A., Darjeeling.

Learned Advocate General appearing for the State submits that the State does not have a role to play as the school is under the G.T.A.

Having heard learned Counsel for the petitioner, this Court deems it fit to direct the respondent no.2, namely the G.T.A. to consider the grievance of the writ petitioner as contained in the representation dated 20th November, 2019 and any other issue which the petitioner deems fit to address, within a period of two weeks from today having regard to the extraordinary circumstances relating to the lockdown which is presently prevailing in the State and to pass a reasoned order within three weeks from date.

The respondent no.2 will pass such order on hearing all concerned parties including the petitioner and furnish a copy of such reasoned order within a week from the date of hearing or considering the representation as the case may be. It is made clear that there should be no delay on the part of the respondents since the petitioner is due to retire on 30th May, 2020.It is made clear that since all citizens and persons are presently under great difficulty in terms of commuting, the respondent no.2 will give the hearing at a place which mutually convenient to all the parties, particularly to the petitioner.

The W.P.5363 (W) of 2020 is disposed of in terms of the above directions.