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february 2009

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.

State Of West Bengal & Ors vs Banibrata Ghosh & Ors · Niyam