Secretary Governing Body Raja Narendra Lal Khan Womens College And ANR v. Samir Samanta And ORS
Item6 to 25.
Aloke MAT/1000/ 2024 WITH CAN/2/2024 RATI KANTA DAS VS. STATE OF WEST BENGAL & ORS. & FMA/759/2024 WITH CAN/2/2024 PRINCIPAL, RAJA NARENDRA LAL KHAN WOMENS COLLEGE AND ANR. VS STATE OF WEST BENGAL AND ORS.
& MAT/100/2024 SECRETARY, NARENDRA LAL KHAN WOMENS COLLEGE AND ANR VS TRISHNA KHATUA AND ORS.
& MAT/102/2024 SECRETARY, RAJA NARENDRA LAL KHAN WOMENS COLLEGE AND ANR VS JAMUNA SING AND ORS.
& MAT/1030/2024 WITH CAN/2/2024 KALPANA SINGH VS. STATE OF WEST BENGAL & ORS. & MAT/1031/2024 WITH CAN/2/2024 JAMUNA SINGH VS. STATE OF WEST BENGAL & ORS.
& MAT/103/2024 SECRETARY, RAJA NARENDRA LAL KHAN WOMENS COLLEGE AND ANR VS LAKSHMI DAS AND ORS.
& MAT/1032/2024 WITH CAN/2/2024 SAMIR SAMANTA VS. STATE OF WEST BENGAL & ORS. & MAT/1033/2024 WITH CAN/2/2024 RATAN PANDIT VS STATE OF WEST BENGAL AND ORS. & MAT/1034/2024 WITH CAN/2/2024 APADESH SINGHA VS STATE OF WEST BENGAL AND ORS. ARPA CHAKRABORTY & MAT/104/2024 22-04-2025 Ct. 8
SECRETARY, RAJA NARENDRA LAL KHAN WOMENS COLLEGE & ANR. VS SRI CHANDAN JANA & ORS.
& MAT/105/2024 SECRETARY, RAJA NARENBDRA LAL KHAN WOMENS COLLEGE AND ANR VS KALPANA SINGH AND ORS.
& MAT/1061/2024 WITH CAN/2/2024 TRISHNA KHATUA VS STATE OF WEST BENGAL AND ORS. & MAT/1062/2024 WITH CAN/2/2024 DEBASIS PATRA VS STATE OF WEST BENGAL AND ORS. & MAT/1063/2024 WITH CAN/2/2024 CHANDAN JANA VS STATE OF WEST BENGAL AND ORS. & MAT/107/2024 SECRETARY, RAJA NARENDRA LAL KHAN WOMENS COLLEGE AND ANR. VS MR. RATAN PANDIT AND ORS.
& MAT/108/2024 SECRETARY, RAJA NARENDRA LAL KHAN WOMENS COLLEGE AND ANR VS APADESH SINGHA AND ORS.
& MAT/109/2024 SECRETARY, RAJA NARENDRA LAL KHAN WOMENS COLLEGE AND ANR VS ANUP KR. GOSWAMI AND ORS.
& MAT/97/2024 SECRETARY, RAJA NARENDRA LAL KHAN WOMENS COLLAGE AND ANR VS DEBASIS PATRA AND ORS.
& MAT/99/2024 SECRETARY, RAJA NARENDRA LAL KHAN WOMENS COLLEGE AND ANR VS SAMIR SAMANTA AND ORS.
Mr. Ujjal Ray Mr. Arpa Chakraborty Mr. Sk. Abdur Rahim ... for the petitioner in item nos. 6,10,11- 15,18-20 Mr. Ujjal Ray Mr. Arpa Chakraborty Mr. Sk. Abdur Rahim ... for the respondent in item nos. 7,8,9,19,17,21-25
Ms. Usha Maity, Mr. Sakya Maity ... for the appellant in item nos. 7, 8, 9,12,16,17,21,22,23,24 and 25 Ms. Usha Maiti Mr. Sakya Maity ... for the College Authority in item nos. 10,11,13,14,15,18,19 and 20 Ms. Debjani Sengupta Mr. Abhijit Chatterjee Ms. Koyel Bag ... for the Vidyasagar University Mr. Jyoti Prakash Chatterjee Mr. Abdus Salam ... for the State respondents in MAT 1061/2024 Mr. Lolit Kr. Mahato Ms. Rajlakshmi Ghatak ... for the State respondents in MAT 102/2024 Mr. Swapan Kr. Dutta Mr. Rajat Dutta ... for the State respondents in MAT 1031/2024 Mr. Sirsanya Bandopadhyay Ms. Tapati Samanta ... for the State respondents in MAT 1032/2024 Mr. Asish Kr. Guha Mr. Naren Ghosh Dastidar ... for the State respondents in MAT 1033/2024 Mr. Swapan Kr. Datta Mr. Dipankar Dasgupta ... for the State respondents in FMA 759/2024, MAT 1030/2024 & MAT 1063 of 2024 Mr. Biswabrata Basu Mallick Mr. Biman Halder ... for the State respondents in MAT 97/2024
1. All the appeals and the connected applications are heard together and disposed of by this common order.
2. Affidavits filed by the parties be taken on record.
3. It appears that a Coordinate Bench on 6th January, 2025 after taking into consideration the ratio laid down by the
Hon'ble Supreme Court in the State of Punjab & Ors. vs. Jagjit Singh & Ors. reported in (2017) 1 SCC 148 directed the authorities to take a fresh decision whether the temporary employees of the college are discharging the similar duties and shouldering the similar responsibility and/or exercise the similar powers that of a regular employee within a specified time.
4. At the commencement of the hearing of these appeals Mr. Swapan Kr. Datta, learned counsel appearing on behalf of the State respondents have placed before us an original order dated 26th March, 2025 passed by the Joint Director of Public Instruction declining benefits to the appellants.
5. This order has given a fresh cause of action to the appellants. However, in the event the said decision is challenged by the appellants or any one of them before the appropriate forum, the decision of the learned Single shall not operate as res judicate.
6. The direction, if any, for payment of basic wages or minimum wages to the appellants shall however continue and the acceptance of such amount shall not create a bar in future litigation for the appellant to seek regularization.
7. The appeals and the applications are disposed of.
8. The photostat copy of the order passed by the Joint Director of Public Instruction dated 26th March, 2025 is taken on record and the original is returned to Mr. Datta.
9. 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.)