JUDGMENT The Petitioner has been working as an Assistant Teacher in the post of Bio-Scieace in Kanlla Ramkrishna Vidyapith, Murshidabad since 18 9.91 and before recognition of the School. The petitioner is a duly qualified teacher having degree in B Sc. (Bio-Science). It is stated that the Assistant Inspector of the School (S E.), Murshidabad was appointed as Administrator in 1995. The said Administrator is present in Court. He does not dispute that the petitioner is duly qualified for such appointment in the School. The petitioner accordingly claims that although ile is working against a regular vacancy for long years, be is not getting any salary. There is nothing against him on record the erstwhile Managing Committee as also the present Administrator has always accepted his service and the petitioner is rendering such service to the school without an break. Accordingly, he prays that be Should not suffer any more and his service should be regularised. 2. Since the petitioner has been rendering continuous service without -break having required qualification, against a regular vacancy and the concerned authorities have accepted his service, there is no reason not to regularise the service of the petitioner. In this connection reference may be made to the unreported decision and judgment In the case (1) Gouri Bose v. State of West Bengal and Others in C.O. No.13537(W)/91 wherein after considering several Supreme Court and also Division Bench judgments, I allowed regularisation of service of the petitioner in the said case wherein the petitioner has been rendering continuous service for long years without any break. In my view, in the instant writ application, it is a fit case for such recommendation of regularisation of service of the petitioner since he has been rendering service to the school continuously against a regular vacancy and same has been accepted by the concerned authorities and there is nothing against him on record. 3. In that view of the matter, the submission of the learned Advocate for the respondents that the petitioner should appear in the Interview along with other eligible candidates, cannot be accepted. 4. Considering the facts and circumstances of the case it is directed that the concerned authority District Inspector of Schools (S.E.), Murshidabad will accord approval to the appointment of the petitioner and regularise his appointment from the date since when be has been working against the permanent vacancy.
4. Considering the facts and circumstances of the case it is directed that the concerned authority District Inspector of Schools (S.E.), Murshidabad will accord approval to the appointment of the petitioner and regularise his appointment from the date since when be has been working against the permanent vacancy. Such regularisation of service of the petitioner and all other steps for such purpose should be completed by the concerned authorities by 31.1.1997 and the arrear salary due to the petitioner including current salary should be paid by 28.2.1997. 5. With the directions as above, the writ application is disposed of. There will be no order as to costs. Learned Advocate for the parties are given liberty to take gist of this order for communication and the concerned authorities will act upon such communication.