Naren Thapa And ORS v. The Gorkhaland Territorial Administration And ORS

05.03.2020 pg.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 620 of 2020 Naren Thapa & Ors.

-versus The Gorkhaland Territorial Administration & Ors. Mr. Biswaroop Bhattacharya Mr. Pritam Choudhury ... For the petitioners Mr. Ayanobh Raha Ms. Supriya Singh ... For the respondent nos.2, 3 & 4 Deficit court fees filed in the department on 4th March, 2020, under filing no.A-130.

Twenty writ petitioners espouse a common cause under the instant writ petition. They say that they were appointed as Assistant Teacher on contractual basis in different schools by Darjeeling Gorkha Hill Council, Education Department. Since the appointment of the said teachers, they have been regularly performing their duties in the said school. They say that by a memo dated 30th January, 2019, issued by the West Bengal School Education Department, Secondary Branch, 313 voluntary teachers in secondary and higher secondary schools were regularized. They claim that their services as teachers be regularized.

In support of their case, the petitioners have relied upon two orders, one dated 27th August, 2019 passed in WPA 268 of 2019 and the other dated 24th January, 2020 passed in WPA 933 of 2019.

Considering the rival submissions, the materials on record and pleadings, I direct the respondent no.1, being the Principal Secretary, Gorkhaland Territorial Administration, to consider the representations of each of the twenty writ petitioners considering the writ petition as their respective representations. The respondent no.1 shall give a personal hearing to each of the writ petitioners and/or their representatives and pass a reasoned order to that effect.

The entire exercise should be completed within a period of eight weeks from the date of communication of a server copy of the instant order.

The respondent no.1 shall immediately upon passing of the order communicate the same to each of the writ petitioners.

Directing the respondent no.1 to consider the representation will, however, create no equity in favour of the writ petitioners.

The writ petition is disposed of with the above observation.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties as early as possible. (Arindam Mukherjee, J.)