17-03-2025 ct no. 13 Sl. 8 sp MAT 2107 of 2016 The State of West Bengal & Ors. -Versus- Anjan Kumar Jana & Ors. Mr. Shamim Ul Bari …for the appellants 1. Despite service, respondents are not represented. 2. The instant appeal is directed against an order dated 4th November, 2013 passed by a Single Bench of this Court in WP 33170 (W) of 2013. 3. The grievance of the writ petitioner/appellant was that he was appointed as a clerk in the Bhabataran Sarkar Bidyalaya (Bharati Bidyalaya). He was to get salary and allowances on approval of service by the concerned District Inspector of Schools (SE). The approval was not received and hence the writ petition. 4. The State contended before the Single Bench that the approval was ex facie illegal since prior approval of the DI for filling up the vacancy was not obtained. The regular recruitment process, i.e., public advertisement and calling for names from employment exchange was not followed for the recruitment. There was no sanctioned post either, of a clerk in the school. The petitioner was working as a permanent staff in the school and was appointed against a vacancy without following the due process of law. 5. In the aforesaid circumstances, this Court is of the clear and unequivocal view that the appointment of the petitioner, was ex facie illegal and could not have been termed as irregular by the Single Bench. 6. For the reasons stated hereinabove, the impugned order dated 4th November, 2013 is set aside. 7. MAT 2107 of 2016 is allowed and disposed of. 8. There shall be no order as to costs. 9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.) 2