Mani Kr. Pradhan And ORS v. The Gorkha Land Territorial Administration And ORS
27.02.2020.
pk Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 450 of 2020 Mani Kr. Pradhan & Ors.
-versus The Gorkhaland Territorial Administration & Ors. Mr. Biswaroop Bhattacharyya, Mr. Pritam Choudhury ...For the Petitioners.
Mr. Ayanabha Raha For the respondent nos. 1-3 The deficit court fees have been paid vide Filing No. A-98 dated 27th February 2020.
The petitioners are serving as the Voluntary Teachers of the new set-up schools under the Gorkhaland Territorial Administration. A resolution was adopted by the Gorkhaland Territorial Administration for regularization of the services of the Voluntary Teachers in the meeting held on 2nd February 2016. The petitioners through their Association made a representation before the Chairman, Board of Administration, Gorkhaland Territorial Administration, Darjeeling on 31st May 2019 praying for regularization of their services.
The petitioners complain that their representation has not been considered by the respondent authority till date.
The petitioners submit that in respect of similar matters orders have been passed for consideration of the representation of the teachers and pray for similar direction in this case.
As it appears that the representation on behalf of the petitioners are pending consideration at the end of the respondent, no useful purpose will be served by keeping the writ petition pending.
The writ petition is accordingly disposed of by directing the Principal Secretary, Gorkhaland Territorial Administration to take a decision with regard to the prayer of the petitioners for regularization of their engagement, strictly in accordance with law, within a period of ten weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioners within a fortnight thereafter. The said respondent shall provide an opportunity of hearing to the petitioners or their authorized representative prior to passing an order in the matter.
It is made clear that this court has not gone into the merits of the case and all points are left open to be decided by the said respondent at the time of consideration of the representations of the petitioners.
Leave is granted to the petitioners, who did not prefer any representation earlier, to file a fresh representation at the time of communication of a copy of this order for consideration of the same by the Principal Secretary, Gorkhaland Territorial Administration in accordance with the direction passed hereinabove. W.P.A. No. 450 of 2020 is disposed of.
Leave is granted to the learned Advocate-onRecord of the petitioners to file the affidavit of service in course of the day.
Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.
( Amrita Sinha, J.)