JUDGMENT Shyamal Kumar Sen, J. The facts involved in this writ petition inter alia are that the petitioner is an M.A. in History of the University of Calcutta and is a B. Ed. with Work Education of the University of Jadavpore. She was appointed as an Assistant Teacher of Jnanendra Shikshaniketan of 44/H/30, Debendra Chandra Dey Road, Calcutta - 15 (hereinafter referred to as the said school) by valid appointment letter dated March 1, 1986 issued by the Secretary and the Headmaster of the said school. She joined the said school on 3rd March, 1986 and is functioning as such till today without any break. The said school is a Junior High School for Boys. A xerox copy of the said appointment letter dated March 1, 1986 has been annexed to the writ petition and marked with the letter 'A'. 2. Smt. Sibani Roy Chowdhury and Smt. Sabita Dey both Graduates, are working in the said school since 2nd January, 1986. On 19th March, 1986 an approved Assistant Teacher of the said school namely Jiban Bhattacharyya died and as a result the post of said Jiban Bhattacharyya fell vacant. The Managing Committee of the said school asked for prior permission of the District Inspector of Schools (SE), Calcutta for appointment of an Assistant Teacher in the said vacant post and pursuant to that, the respondent No.4 granted permission to the school authority to recruit a qualified teacher in the language group preferably trained in the language group by Memo No. 489/M dated 17.4.86. 3. In terms of the said Memo being annexure 'B' to the instant application, an advertisement was published in a newspaper for appointment of an Assistant Teacher in the language group. 4. It is stated that at that point of time since the petitioner was only a B.Sc (Pure), she could not apply for the said post whereas the said two teachers namely Sibani Roy Chowdhury and Sabita Dey applied for the said post being graduates in arts. 5. It has been alleged that the Headmaster of the said school in collusion with the Selection Committee selected one Krishna Bose for the said post who was close to the then Headmaster. The said Krishna Bose was overaged at that point of time. 5. It has been alleged that the Headmaster of the said school in collusion with the Selection Committee selected one Krishna Bose for the said post who was close to the then Headmaster. The said Krishna Bose was overaged at that point of time. The said Smt. Sabita Dey was placed in the third position and the said Sibani Roy Chowdhury did not get any position in the said panel. The said panel was sent to the respondent No.4 for approval on 6th July, 1986. 6. The said Smt. Krishna Bose was appointed as an Assistant Teacher of the said school without any approval on the ground of shortage of teacher and she joined in her post on 9th September, 1986 and performed her functions as such till 2nd July, 1987 whereas there was no shortage of teacher since the petitioner and said Smt. Sabita Dey were functioning in the said school. The respondent No.4 by Memo No. 287/M dated 22.2.88 intimated that the appointment of said Smt. Krishna Bose had not been approved inasmuch as she was over-aged and the interview letter was sent under certificate of posting which was beyond Rules. 7. Thereafter the School authority asked the petitioner to improve her qualification and to obtain B. Ed. qualification at an early date. According to the advice of the school authority she completed special B.A. in History in the year 1987. In the meantime one Assistant Teacher of the said school namely Sri Ashok Kumar Sam went on leave for studying B. Ed. and the petitioner while functioning as such, was appointed in place and stead of Sri Ashok Kumar Sam in deputation vacancy which was approved by the respondent No.4 by his Memo No. 64/M dated 11.1.88. 8. The then Headmaster of the said school was asked to prepare a fresh panel which was cancelled by the respondent No.4. The Headmaster of the said school did not prepare a fresh panel on the ground that the cancelled panel was under consideration. 9. In the meantime the petitioner obtained M.A. degree in History from the Calcutta University in the year 1988 with 2nd Class. 10. In the month of February, 1990 some anomalies arose regarding the payment of salary of teachers of the said school and the then Headmaster of the said school was found guilty of misappropriation of salary of teachers. 9. In the meantime the petitioner obtained M.A. degree in History from the Calcutta University in the year 1988 with 2nd Class. 10. In the month of February, 1990 some anomalies arose regarding the payment of salary of teachers of the said school and the then Headmaster of the said school was found guilty of misappropriation of salary of teachers. Subsequently it was found that the approval of appointment of the Headmaster was false and it was further found that the then Headmaster was not a graduate even, since he was unsuccessful in his B.A. Part-II Examination. The then Headmaster stopped coming to the said school and he did not turn up in the said school since then. It is stated that the Headmaster submitted resignation by his letter dt. 23.4.90 and the said post is lying vacant till now. 11. The said Smt. Krishna Bose subsequently filed a writ petition in this Court inter alia on the ground that although she was placed in the first position in the interview and was appointed as an Assistant Teacher of the said School and was functioning as such but the District Inspector of Schools (SE), Calcutta did not approve her appointment. The said writ petition being C.O. 363 (W) of 1990 was disposed of on 18.1.94. 12. It has been submitted on behalf of the petitioner that said Smt. Krishna Bose attended the said School and acted as an Assistant Teacher of the said School without approval till 2nd July, 1987 and became absent since thereafter and as such her functioning in the said school after 2nd July, 1987 is absolutely untrue and incorrect and the said writ petition being C.O. 363 (W) of 1990 has been moved suppressing the material facts that the panel was cancelled by the respondent no. 4. 13. The petitioner made representations to the Secretary of the said School for considering her absorption in the said school as an Assistant Teacher in view of the fact that she was going to cross her age limit. 14. The Secretary of the said School made a representation to the District Inspector of Schools (SE), Calcutta on 21st September, 1990 inter alia depicting therein the cancellation of the panel in which the said Smt Krishna Bose was over aged and as such the panel was cancelled. 14. The Secretary of the said School made a representation to the District Inspector of Schools (SE), Calcutta on 21st September, 1990 inter alia depicting therein the cancellation of the panel in which the said Smt Krishna Bose was over aged and as such the panel was cancelled. The names of Smt. Sabita Dey and the petitioner were recommended to the respondent no. 4 for absorption and/or approval as Assistant Teachers of the said school. 15. The petitioner has obtained also the B.Ed. from the Jadavpur University in the year 1991 and as such claims to be absorbed as an Assistant Teacher being sufficiently qualified and also by virtue of her experience of teaching in the said school till today. 16. It has been submitted that since said Smt. Krishna Bose has left the school, her post is also lying vacant till now, having not been filled up. It has been further submitted that two posts viz. one post of Assistant Teacher in Language Group and another in Work Education Group are lying vacant till today. 17. It has been submitted by the petitioner that said Smt. Sabita Dey, who is a claimant for the post of an Assistant Teacher in the said school is only a Graduate in Arts and she has no B.Ed. qualification and as such she has no requisite qualification being appointed neither as an Assistant Teacher in Language Group, nor in Work Education. 18. It has been submitted that the petitioner herein, although at the time of appointment was B.Sc. (Pure) from the University of Calcutta but subsequently she has improved her qualification and obtained Spl. B.A. in History in the year 1987 from the University of Calcutta, M.A. in History in the year 1988 from the same University and B.Ed. with Work Education from the Jadavpur University in the year 1991. It is pertinent to mention that the petitioner improved her qualification on an assurance given by the school authority that she would be absorbed as an Assistant Teacher in the said school. Although the petitioner has improved her qualification by this time but the school authority has failed to consider the assurance given by them. 19. The petitioner is functioning in the said school by an interim order passed by N.K.Mitra, J on 9th October, 1991 in C.O. 13537 (W)/91. Although the petitioner has improved her qualification by this time but the school authority has failed to consider the assurance given by them. 19. The petitioner is functioning in the said school by an interim order passed by N.K.Mitra, J on 9th October, 1991 in C.O. 13537 (W)/91. It has been submitted that inspite of interim order of this Court, the school authority restrained the petitioner from discharging her functions, which was complained by the learned Advocate for the petitioner to the District Inspector of Schools (SE), Calcutta concerned by Memo no. Law/ 351/ 1(1) dated 9th January, 1992 asking the Secretary/Teacher-in-charge of the said School to comply with the interim order passed by this Court on 9th October, 1991. 20. The school authority, it has been alleged even did not adhere to the request of the District Inspector of Schools (SE), Calcutta in which the order passed by N.K. Mitra, J on 9th October, 1991 was put into violation and the petitioner was compelled to file an application under the Contempt of Courts Act and after hearing, N.K.Mitra, J by order dated 24th September, 1993 was pleased to direct the school authority to allot classes to the writ petitioner during temporary absence of regular teachers along with other senior teachers, who are giving voluntary services. 21. It has been also submitted by the petitioner that the petitioner in her B.Ed. Course had History and Work Education subject and as such the petitioner may be absorbed either in Social Science Group or in Work Education Group. 22. It has been submitted further that the petitioner attending her duties in the said school regularly and there is no adverse report against her with regard to her functioning in the said school since the year 1986. She is signing in the attendance register till today. 23. According to the advice of the school authority she has improved her qualification sufficiently and has made herself eligible to be absorbed as an Assistant Teacher of the said school. Inspite of representation the respondents concerned has not absorbed and/or regularised her appointment as yet. 24. It has been alleged that practically she is performing her duties as an Assistant Teacher of the said school as bonded labourer. She is now above the age of thirty five years and has no chance of getting any employment elsewhere. 25. Inspite of representation the respondents concerned has not absorbed and/or regularised her appointment as yet. 24. It has been alleged that practically she is performing her duties as an Assistant Teacher of the said school as bonded labourer. She is now above the age of thirty five years and has no chance of getting any employment elsewhere. 25. It has accordingly been submitted on behalf of the petitioner that in the circumstances of the case unless her appointment as an Assistant Teacher of the said school is regularised she will suffer irreparable loss and injury which cannot be compensated in any way. 26. Mr. Bikash Ranjan Bhattacharyya, 1d. Advocate for the petitioner has submitted that in the facts and circumstances of the case the petitioner has a valid claim and an enforceable right to be regularised in service. He has referred to Art. 13 of the Constitution of India as a part of the fundamental rights which provides that any law inconsistent with or in derogation of fundamental rights is void. State cannot make any law which either takes away or abridges the rights conferred by Part-III of the Constitution which includes protection of life which includes livelihood as provided in Art. 21 of the Constitution. 27. He has further referred to the Directive Principles of State Policy and particularly to Art. 45 of the Constitution which provides for free and compulsory education as a part of the State's obligation. State of West Bengal in performance of their obligation has declared the education free. State thus has taken up the responsibility of imparting education through various recugnised institutions. 28. Mr. Bhattacharyya, Id. Advocate for the petitioner has also relied upon the judgment and decision of the Supreme Court in the case of Jacob vs. Kerala Authority, reported in AIR 1990 SC 2228 wherein it was held that the employees who have been continuing for years together having requisite qualification must be regularised. 29. The Id. Advocate for the petitioner has also relied upon the judgment and decision in the case of Rabinaraya Mahapatra vs. State of Orissa reported in AIR 1991 SC 1286 . 29. The Id. Advocate for the petitioner has also relied upon the judgment and decision in the case of Rabinaraya Mahapatra vs. State of Orissa reported in AIR 1991 SC 1286 . In the aforesaid decision 3 Judges' Bench of the Supreme Court reiterated the obligation of State to secure right to education to citizens and to ensure the ad-hocism in appointment of teachers must be done away with and teachers working in the recognised schools should be regularised. 30. Mr. Bhattacharyya has submitted that in the aforesaid decision the Supreme Court went a step further to regularise the teachers who did not even come within the stipulation of statutory rules for regularisation. Ratio decidendi is that the teachers should be given a security of their job to ensure imparting of education. 31. The Id. Advocate for the petitioner has also relied upon the judgment and decision in the case of All Manipur Regular Posts Vacancies Substituted Teachers' Association vs. State of Manipur reported in AIR 1991 SC 2088 wherein the Supreme Court directed absorption for direct recruitment. 32. Mr. Bhattacharyya has further relied upon the judgment and decision in the case of Karnataks State Private College Stopgap Lecturers Association vs. State of Kamataha reported in AIR 1992 SC 677 . In the aforesaid decision 3 Judges Bench of the Supreme Court directed that teachers appointed for three months by a privately managed college receiving State grants allowed to continue for a long periods but with break, should be regularised. 33. The ld. Advocate has also placed reliance upon the judgment and decision in the case of State of Haryana vs. Piara Singh reported in AIR 1992 SC 2130 . The Supreme Court in the aforesaid decision also laid down the principle that persons working for a considerable period should be regularised in services. 34. The judgment and decision in the case of Union of India vs. Tejram reported in 1991 (3) SCC p. 11 has also been relied upon by the learned Advocate for the petitioner. In .my view, the said judgment, however, cannot have any application in the facts of the instant case and cannot, in fact, assist the petitioner. . 35. The judgment and decision in the case of Union of India vs. Dinesh Kumar Saxena reported in AIR 1995 SC p. 1565 has also been relied upon by the learned Advocate for the petitioner. . 35. The judgment and decision in the case of Union of India vs. Dinesh Kumar Saxena reported in AIR 1995 SC p. 1565 has also been relied upon by the learned Advocate for the petitioner. In the aforesaid decision three Judges' Bench of the Supreme Court even in case of census employees, held that in that particular department where there is no work available to keep the employees busy throughout cannot be directed to be absorbed, but, directed in favour of absorption as and when any regular vacancy arises. 36. Mr. Bhattacharyya has also relied upon the judgment and decision in the case of L.I.C. Canteen Workers reported in AIR 1995 SC 1666 particularly to paragraph 9 of the said judgment weather in the Supreme Court has formulated the principles of regularisation. 37. The learned Advocate for the petitioner has further submitted that the judgment and decision relied upon by the learned Advocate for the respondents in the case of Dr. Arundhati Ajit Pargaonkar vs. State of Maharashtra and Ors. reported in AIR 1995 SC 962 does not apply to the facts of the instant case in as much as in that case 2 Judges of the Supreme Court were concerned with Rules under Art. 309 of the Constitution which are statutory in nature and consultation with the Public Service Commission is a constitutional obligation. He has further submitted that the ratio of that case cannot by any far fetched imagination be made application to the cases of regularisation in the other matters like that of the teachers/employees of the present case. 38. The learned Advocate for the petitioner relying upon the aforesaid decision that the teachers/employees working in a recognised aided school are entitled to be regularised in the available vacancies and there is no scope for direct appointment. It has been further argued that in the event direct appointment is made overriding the claim of the teachers/employees who are rendering service for continuous period, the same would be in derogation of the scheme of the Arts. 21 and 23 of the Constitution of India and would be contrary to the provisions of Art. 13 of the Constitution of India. 39. It has been submitted by the petitioner that in the cases of this nature the State has full knowledge of working of teachers for years together in various recognised and aided institutions. 21 and 23 of the Constitution of India and would be contrary to the provisions of Art. 13 of the Constitution of India. 39. It has been submitted by the petitioner that in the cases of this nature the State has full knowledge of working of teachers for years together in various recognised and aided institutions. State has, thus, acquiesced with their continuance. Accordingly, the State is estopped from taking any decision save and except the regularisation of teachers/employees. In this connection, the ld. Advocate for the petitioner has relied upon the judgment and decision of the Supreme Court in the case of Polester and Co. Ltd etc. VS. Addl. Commissioner of Sales Tax, New Delhi reported in AIR 1978 SC 897 . 40. It has further been submitted that protection and security of the right of livelihood is a fundamental obligation of the State. The Id. Advocate has relied upon the judgment and decision in the case of Narendra Kumar Chandla vs. State of Haryana and Ors. reported in AIR 1995 SC 519 . 41. The ld. Advocate for the petitioner has relied upon the judgment and decision in. the case of Headmistress, Dubrajpur Girls' High School & Ors. vs. Pradip Kr. Mitra reported in 1993 (2) CLJ p. 240 and the judgment and decision in the case of the District School Board, 24 Pgs. (N & S) & Ors. vs. Dukhiram Sardar & Ors. reported in 1991 (2) CHN p. 355. 42. He has further referred to Art. 21 of the Constitution and has submitted that right to life has a wider meaning including right to livelihood better standard of living, hygenic condition in the work place and leisure. In this connection, the learned Advocate has relied upon the judgment and decision in the case of Consumer Education & Research Centre & Ors. vs. Union of India reported in 1995 (3) SCC p. 42. In the said decision the Supreme Court held and observed that the Court would issue appropriate direction to the employer, be it the State or its undertaking or private employer to make the right to life meaningful. 43. The learned Advocate for the petitioner has relied upon the judgment and decision in the case of U.P. State Road Transport Corporation vs. Paribahan Nigam, U.P. reported in AIR 1995 SC p. 1115. 43. The learned Advocate for the petitioner has relied upon the judgment and decision in the case of U.P. State Road Transport Corporation vs. Paribahan Nigam, U.P. reported in AIR 1995 SC p. 1115. In the aforesaid decision the Supreme Court has directed the recruitment of trained apprentice notwithstanding, statutory restriction following the principle of legitimate expectation. 44. It has been further submitted on behalf of the petitioner that in the instant case, the petitioner has been working for years together in the like manner as that of a regular approved teacher of the aided institutions. Admittedly, they are the tools to impart education, a Constitutional obligation of the State. The petitioner then have the legitimate expectations of getting regular status in the service career in preference to all others notwithstanding the restrictions of the Recruitment Rules following the ratio of the above Supreme Court decision. 45. Accordingly it has been contended that the service of the petitioner should be regularised. 46. It has been brought to the notice that Director of School, Education, West Bengal by Office Order No. 2695 (17)-GA dated 28th October, 1988 pointed out that a good number of D.A. getting schools had appointed teachers and non-teaching staff without conforming to the Recruitment Rules and number of such cases had been examined by the Director and it was further mentioned in the said Office order that such appointments had been made beyond the sanctioned strength and after careful consideration, it has been decided that all such appointments may be regularised on following conditions: (a) There is a clear vacancy in an existing post in school. (b) The incumbent concerned has requisite educational qualifications, age etc. at the time of appointment. (c) The appointing authority had followed a fair selection procedure. 47. The Education Department, Establishment Branch, Government of West Bengal by Circular No. 536-Edn. (Estt.)/9A-9/80 dated 16th June, 1980 issued by the Deputy Secretary, Government of West Bengal Education Department passed an order stating therein that in recognised school both aided and unaided, where teaching and non-teaching staff appointed against permanent post had been serving for consecutive two years and if he/she is functioning against a permanent sanctioned post, should be immediately approved. 48. (Estt.)/9A-9/80 dated 16th June, 1980 issued by the Deputy Secretary, Government of West Bengal Education Department passed an order stating therein that in recognised school both aided and unaided, where teaching and non-teaching staff appointed against permanent post had been serving for consecutive two years and if he/she is functioning against a permanent sanctioned post, should be immediately approved. 48. The contention of the petitioner is that since the petitioner is in continuous service in the said school as an Assistant Teacher since 1986 and the post in which she is functioning is a permanent post, the petitioner is entitled to be absorbed as an Assistant Teacher in the said school. 49. On behalf of the school Authority being respondents Nos. 5 and G it has been submitted that the petitioner did not apply for the post of Assistant Teacher in Language group in the said school on the basis of the advertisement for the post being Annexure 'C' to the writ petition and also did not appear before the Selection Committee for the said post. It is the contention of the school Authority that since she did not apply pursuant to the advertisement and appear before the Selection Committee, there was no occasion to consider her name for inclusion in the panel of the Selected candidates. The other two empanelled candidates filed two writ petitions before this Court for the said post in question. One writ petition was filed by Smt. Krishna Basu being C.O. No. 363 (W) of 1991 (Smt. Krishna Basil vs. The State of West Bengal) and the said writ petition was disposed of by Prabir Kumar Majumdar, J, as he was then on 18th January, 1994. He has also submitted that another writ petition was filed by Smt. Sabita Dey being C.O. No. 13328 (W) of 1993 (Smt. Sabita Dey vs. The State of West Bengal & Ors.) is still pending. 50. It appears that the petitioner has been working as Work Education teacher after obtaining B.Ed. qualification in Work Education. She has long experience of teaching since March, 1986 in the general stream and thereafter also having specialised experience of teaching Work Education since 2nd Sept, 91. 50. It appears that the petitioner has been working as Work Education teacher after obtaining B.Ed. qualification in Work Education. She has long experience of teaching since March, 1986 in the general stream and thereafter also having specialised experience of teaching Work Education since 2nd Sept, 91. The Supreme Court in the case of All Manipur Regular Posts Vacancies Substitute Teachers' Association vs. State of Manipur reported in AIR 1991 SC 2088 , while considering the question of direct appointment by advertisement and also regularisation of service of teachers who have rendered services for several years held that all substituted/ad hoc teachers who have put in five years of service or more shall be regularised without pay D.P.C. This regularisation would be subject to their possessing the required qualifications at the time of their initial appointment. 51. It may be noted that the petitioner has obtained required qualification in Work Education and has been teaching as Work Education teacher since 2nd Sept, 91 and as such she has a claim to be regularised. 52. In the case of Sri Rabinaraya Mohapatra vs. State of Orissa reported in AIR 1991 SC 1286 the Supreme Court depricated the policy of appointment of a teacher of 89 days basis with one day break which deprives a teacher of his salary for the period of summer vacation and other service benefits is wholly arbitrary. In the aforesaid decision the Supreme Court held in paragraph 8 of the said report at page 1289 of the said judgment as follows : "The appellant was appointed on July 12, 1982 and has been working with the approval of the authorities for almost 4 years with short breaks. The managing committee is still utilising his services though there is no approval by the educational authorities for the period subsequent to 1986. It is nobody's case that his services were ever terminated on grounds of inefficiency or misconduct. The case of the appellant is, thus, fully covered by s. 3 of the Validation Act. We are of the view that the High Court erred in denying the benefit of the Validation Act to the appellant on the ground that his initial appointment for 89 days was conditioned by the stipulation that he would continue until replaced by a candidate from the select list. The High Court read into the Act what was not there. We are of the view that the High Court erred in denying the benefit of the Validation Act to the appellant on the ground that his initial appointment for 89 days was conditioned by the stipulation that he would continue until replaced by a candidate from the select list. The High Court read into the Act what was not there. In response to the notice issued in the Special Leave Petition the managing committee through its Secretary-cum-Head Master has stated that the appellant is still continuing to serve as Hindi teacher in the school under the orders of the managing committee." 53. In the case of Rattanlal and Ors. vs. State of Haryana and Ors. reported in AIR 1986 SC 478 the Supreme Court considered the case of ad hoc appointment and strongly depricated the policy of appointment of teacher on ad hoc basis at the commencement of year and terminating their services before summer vacation. The Supreme Court in the aforesaid case directed the State Govt. to take immediate steps to fill up the vacancies in accordance with the relevant rules in which teachers appointed on an ad hoc basis now working and to allow all those teachers who are now holding these posts on ad hoc basis to remain in those post till the vacancies are duly filled up. The teachers who are not working on such ad hoc basis if they have the prescribed qualification may also apply for being appointed regularly in those posts. The State Govt. may also consider sympathetically the question of relaxing the qualification of maximum age prescribed for appointment to those posts in the case of those who have been victims of this system of ad hoc appointments. If any of the petitioners in these petitions has under any existing rule acquire the right to be treated as a regularly appointed teacher, his case shall be considered by the State Govt. and an appropriate order may be passed in his case. 54. It may be noted both the petitions have been rendering service with the knowledge of the appropriate authority. The petitioner has also acquired considerable experience as a teacher, and that the said factor cannot also be ignored. and an appropriate order may be passed in his case. 54. It may be noted both the petitions have been rendering service with the knowledge of the appropriate authority. The petitioner has also acquired considerable experience as a teacher, and that the said factor cannot also be ignored. The intention of the respondent (school authority) that the writ petition of Sabita Dey is still pending cannot stand in the way of the regularisation in service of the petitioner since said Sabita Dey, petitioner, in C.O. 13328 (W)/93 has been working in Language Group whereas the petitioner is in the Work Education Group in view of the facts noted as aforesaid. 55. Judgment and decision in the case of Dr. Arundhati Ajit Pargaonkar vs. State of Mahara8htra reported in AIR 1995 SC p. 962 relates to Art. 309 and rules made thereunder which provides for consultation with Public Service Commission cannot have any application to the case of the regularisation of the petitioner as in the instant case. 56. The judgment and decision of the Supreme Court in the case of Jacob M. Purbuparambila vs. Kerala Water Authority reported in AIR 1992 SC 2228 dealt with the question of regularisation of service and held inter alia as follows : "The question of regularisation in service must be examined keeping in mind the historical as well as Constitutional perspective. Our Constitutional Makers were aware of the hardships and insecurity faced by working classes. The preamble promises socio-economic justice, the fundamental rights confers certain justiciable socio-economic rights and the directive principles fix the socioc-economic goalds which the State must strive to attain. These three altogether constitute the core and conscience of the Constitution. India is a developing country. It has a vast surplus market. Large scale unemployment offers a matching opportunity to the employer to exploit the needy. Under such market conditions the employer can dictate his terms of employment taking advantage of the absence of the bargaining power in the other. The unorganized job seeker is left with no option but to accept employment on take-in-or-leave-it terms offered by the employer. Such terms of employment offer no job security and the employee is left to the mercy of the employer. The unorganized job seeker is left with no option but to accept employment on take-in-or-leave-it terms offered by the employer. Such terms of employment offer no job security and the employee is left to the mercy of the employer. The employers have betrayed an increasing tendency to employ temporary hands even on regular and permanent jobs with a view to circumventing the protection offered to the working classes under the benevolent legislations enacted from time to time. It is unfair and unreasonable to remove people who have been rendering service since sometime as such removal has serious consequences. The family of the employee which have settled down and accommodated its needs to the emoluments received by the broad earner will face economic ruination if the job is suddenly taken away. Besides, the precious period of early life devoted in the service of the establishment will be wholly wasted and incumbent may be rendered 'age barred' for securing a job elsewhere. It is indeed unfair to use them, generate hope and filing of security in him attune to the concept of job security and would run counter to the constitutional philosophy. Particularly the concept of right to work in Art. 41 of the Constitution. 57. The Supreme Court noted that the writ petitioner-opposite party was 40 years old at the time of filing of the writ petition who served about 15 years in a paramilitary force to serve the country for about 15 years with distinction and he is now 43 years of age. There was no complaint about the efficiency and/or integrity required for the post. In the instant case after the order was passed by the Id. trial Judge the Dist. Inspector of Schools who was the competent authority to give appointment and/or to approve appointment directed the appellants to comply with the order passed by the Id. trial Judge by issuing the letter of appointment. But it appears that ignoring the direction given by the Inspector of School appellants have preferred the appeal against the writ petitioner and the Dist. Inspector of Schools. State of W.B. and the Director of Schools Education. No appeal was preferred by the Dist. Inspector of Schools or Director of Education. Under the rules directions and orders passed by the Dist. Inspector of Schools are binding upon the managing committee. But unfortunately, inspite of such direction issued by the Dist. Inspector of Schools. State of W.B. and the Director of Schools Education. No appeal was preferred by the Dist. Inspector of Schools or Director of Education. Under the rules directions and orders passed by the Dist. Inspector of Schools are binding upon the managing committee. But unfortunately, inspite of such direction issued by the Dist. Inspector of Schools the appellants who had independent right in such matter preferred this appeal. In view of the principles laid down by the Supreme Court on this question and in view of the fact and circumstances of the case and particularly in view of the direction issued by the Dist. Inspector of Schools dated 4th February, 1992 upon the appellants which was binding upon them under the law we do not find any substance in this appeal and we also do not find any reason to interfere with the order passed by the Id. Trial Judge. Accordingly the appeal is dismissed with costs assessed at 30 G.Ms. 58. It therefore appears that the Dist. Inspector of Schools in fact acted upon the order passed by the ld. Single Judge and raised no objection with regard to the regularisation of the said night-guard. In the instant case the writ petitioner admittedly has worked for long years and has acquired vast expenence. 59. Judgment and decision in the case of Bakul Rej and Ors. vs. State of West Bengal & Ors. reported in 91 CWN 298 relied upon by ld. Advocate for the petitioner may be taken note of. The aforesaid decision relates to the case of regularisation of the three writ petitioners who were working as approved part time teachers in Higher Secondary Streams for a number of years on a mere pittance of Rs. 75/-. They were neither regularised nor absorbed in the full time posts. The petitioner's case was that the respondents were taking steps to fill up their posts by making fresh appointments. They claimed absorption on the basis of the Govt. orders being Memo No. 150 Edn dated September, 15, 1978 and Memo No 1464 (16 G.A.13B-49/81) dated August 28, 1981. 75/-. They were neither regularised nor absorbed in the full time posts. The petitioner's case was that the respondents were taking steps to fill up their posts by making fresh appointments. They claimed absorption on the basis of the Govt. orders being Memo No. 150 Edn dated September, 15, 1978 and Memo No 1464 (16 G.A.13B-49/81) dated August 28, 1981. The arguments made on their behalf was that they ought to have been absorbed in the permanent posts, that hostile discrimination was practised against them and that the State could be directed in appropriate cases' such as the present one not to give fill up the posts of the petitioners who were highly qualified, eligible and experienced and were setting in part time posts, by recruiting fresh teachers. 60. Considering the facts and circumstances of the case, in my view, the petitioner should be absorbed on regular basis in the said school considering her long years of experience as a teacher in Work Education Group. 61. The petitioner accordingly succeeds in this writ petition and the school authorities are directed to send the recommendation for her approval within two weeks from date of communication of this order and the concerned authorities are directed to take steps for her approval of appointment and/or regularisation and absorption in accordance with law within 30th November, 1996. 62. The writ petition is accordingly disposed of. There will be no order as to costs. Writ petition disposed of