Biplav Gurung v. The Gorkhaland Territorial Administration And ORS

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI June 08, 2022 ARDR (4) WPA 1261 of 2021 Mr. Deborshi Dhar, Mr. Goutam Kumar Gupta, ...for the petitioner.

Ms. Supriya Singh, ...for the GTA.

Mr. Subir Kumar Saha, Mr. Pretom Das, ...for the State.

It is contended on behalf of the petitioner that the petitioner was appointed as Assistant Teacher on volunteer basis in Rungbee Jnanpith High School by a regular selection process and appointment letter was issued in his favour on 22nd April, 2017. The petitioner complains that despite having requisite qualifications he has not been regularized in service though several other teachers in several schools who are similarly circumstanced have already been regularized. The petitioner seeks liberty to submit a comprehensive representation before the 3rd respondent in this regard and prays for a direction upon the State respondents for consideration of the same within a stipulated time frame.

Learned counsels for the respondents submits that such representation may be directed to be considered by the 3rd respondent.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a

comprehensive representation ventilating his contention before the 3rd respondent within a fortnight from date. The 3rd respondent is directed to consider and dispose of such representation within a month from the date of receipt thereof after giving reasonable opportunity of hearing to the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. It is made clear that this Court has not gone into the merit of the case and the petitioner shall be at liberty to place his contention as made out in the writ petition before the concerned authority at the time of hearing.

With the above directions, WPA 1261 of 2021 is disposed of. There shall be however, no order as to costs.

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)