Item- 34. Aloke 22-04-2025 Ct. 8 FMA 2921 of 2015 Hardwar Singh Vs. The State of West Bengal & Ors. Mr. Kallol Guha Thakurata Mr. Wasim Rahaman Mr. Suchindram Bhattacharyya … for the appellant Mr. Tapan Kr. Mukherjee Mr. Somnath Naskar … for the State 1. The claim of the appellant that his service should be regularized from the date this school received the grant- in-aid that is to say 09.09.1983 is unacceptable. 2. The school at its whims cannot appoint peons and thereafter seek approval from the D.I. in respect of Peons who were not appointed against the approved post. However, there is an obvious mistake in the order dated 05.04.2013 where it has been stated that the approval for the post of writ petitioner shall be w.e.f. 2003. 3. As it appears from the order of the District Inspector of Schools that the service of Hardwar Singh could be approved for the post of grant-in-aid w.e.f. 1st July, 2002 when two posts of Group-D were available as vacant in the school. 4. The Director of School Education has recorded that out of the two posts one is sanctioned and the other post was held by the previous incumbent Babban Singh as personal to him. Under such circumstances, the writ 2 petitioner who was considered for appointment against vacancies in the post which is sanctioned. 5. In view of the fact that at the time of appointment it was in excess of the sanctioned post that is to say on 9th September, 1983. The petitioner could not have claim regularization from that date. The regularization can be claimed against sanctioned post. 6. Hence, the impugned order is modified to the aforesaid extent. 7. The appeal succeeds in part. 8. All the financial benefits by reason of this order shall be realized in favour of the writ petitioner/appellant within four weeks from the date of this order. 9. The appeal stands disposed of. 10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Soumen Sen, J.) (Smita Das De, J.)