Sagar Chettri And ORS v. The Gorkhaland Territorial Administration And ORS

27.02.2020.

pk Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 436 of 2020 Sagar Chettri & Ors.

-versus The Gorkhaland Territorial Administration & Ors. Mr. Biswaroop Bhattacharyya, Mr. Pritam Choudhury ...For the Petitioners.

Mr. Ayanabha Raha, Mr. Supriya Singh For the respondent nos. 1-3 The deficit court fees has been paid vide Filing No. A-97 dated 27th February 2020.

The petitioners are the ad hoc Group-C/Group-D staff of the unrecognized schools under the jurisdiction of Gorkhaland Territorial Administration.

The petitioners were engaged by an engagement order issued by the Secretary, Education Department, DarjeelingGorkha Autonomous Hill Council in the year 2002. The petitioners are serving in the respective schools on contract basis till date. The petitioners pray for regularization of their service.

The prayer for regularization of the services of ad hoc group-C/Group-D staff of the unrecognized schools was forwarded by the District Inspector of Schools (SE),

GTA, Darjeeling vide Office Memo No. 29/SE dated 17th January 2020 to the Executive Director, Education Department, GTA, Darjeeling.

The petitioners submit that the position has not changed since thereafter. No steps have been taken for regularization of their services till date.

The petitioners rely upon orders passed by Coordinate Benches of this court in similar matters where directions were passed for consideration of the prayer for regularization of service.

The petitioners have filed a representation before the respondent authorities by a letter dated 28th December 2019. The same is pending consideration till date.

As it appears that the prayer for regularization has already been forwarded by the District Inspector of Schools (SE), GTA, Darjeeling to the Executive Director, Education Department and the same is yet to be considered by the authority, accordingly, the instant writ petition is disposed of by directing the Principal Secretary, Gorkhaland Territorial Administration to take a decision in the matter, strictly in accordance with law, within a period of twelve weeks from the date of communication of a copy of this order. The said respondent shall afford an opportunity of hearing to the petitioners or their authorized representatives and pass

a reasoned order in the mater and communicate the same to the petitioners within a fortnight thereafter. It is made clear that this court has not gone into the merits of the claim of the petitioners and all points are left open to be decided by the said respondent at the time of consideration of their representation dated 28th February 2019.

W.P.A. No. 436 of 2020 is disposed of.

Affidavit of service filed in court is taken on record.

Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)