Cal HC stops salary of illegal appointees in Group D school staff recruitment conundrum

Justice Justice Gangopadhyay of the Calcutta High Court has directed district school inspectors to stop the salary of ‘Group D’ staff wh hd been allegedly recuited after the expiration of the panel prepared for giving appointments to the post of Group-D in the Education Department.

The Court is hearing a petitions on the alleged irregularity in Group C and Group D appointment in state government run schools involving the West Bengal School Service Commission (WBSSC) and West Bengal Board of Secondary Education. In 2016, the State government had recommended the appointment of about 13,000 non-teaching staff in different government aided schools and accordingly the WBSSC had conducted examinations and interviews periodically and thereafter a panel had been constituted. Out of which alleged more than 500 (25 proven) irregular appointments have been made.

On Monday, in a strongly worded order, Justice Abhijit Gangopadhyay had ordered a Central Bureau of Invstigation (CBI) enquiry into the matter. Noting that “corruption is writ large” in the entire process., the Bureau has been ordered to constitute a Committee, headed by an officer not below the rank of a Joint Director, with officers not below the rank of DIG to initiate the enquiry. They are also to investigate into any money trail in issuance of such recommendation letters and subsequent issuance of appointment letters to the persons. However, on Wednesday a division bench comprising of Justices Harish Tandon and Rabindranath Samanta of the Calcutta High Court granted an interim stay on a CBI enquiry.

Justice Gangopadhyay noted that the Division Bench order pertains to only the CBI investigation aspect of the matter, hence he can adjudicate on the rest of it. The Court thus direct the petitioners to file the tabular list appointed persons and recommendation letters or appointment letters. Along with that, the Court also directed to stop the salaries of illegal appointees.

“Issue letters immediately to the concerned District Inspector of Schools for stopping the salary of such persons until further order of this Court,” the Court said. Further noted:  

“In respect of 25 persons, I am of the view that no amount of argument will change those facts and nobody will be able to change those facts by making submissions. The facts will remain the facts whether any submission are made or not. If recommendations are made illegally and appointments are made on the basis of those illegal recommendations, those who have been appointed in a school as Group-D staff cannot have any right to get the salary from the public exchequer.”

The Bench further disallowed the adding of Finance Department as a party over an oral submission and directed the state to make a formal application for the same.

The matter is posted for 09.12.2021.

Sandeep Prasad v. State of West Bengal