Supreme Court of India · 2009-02-02
State Of West Bengal & Ors vs Banibrata Ghosh & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 1845
- Court
- Supreme Court of India
- Petitioner
- State Of West Bengal & Ors
- Respondent
- Banibrata Ghosh & Ors
- Author
- V.S. Sirpurkar
- Bench
- V.S. Sirpurkar, Markandey Katju
Judgment text excerpt
The Supreme Court upheld the High Court's decision to treat the respondent as an approved Assistant Teacher under the West Bengal School Service Commission Act, directing the State to allow him to resume duties and pay 50% back-wages. The Court emphasized that the respondent's continuous service since 1991, despite temporary appointments, warranted regularization due to the substantive vacancy created by the resignation of the original teacher. The Court affirmed the High Court's order for all admissible service benefits, reinforcing the principle of fair employment practices in educational institutions.