Binod Koner v. State Of West Bengal And ORS.

24.03 W.P.A. 6211 of 2023 Binod Koner -VersusThe State of West Bengal & Ors.

Ct.

No.

akb Mr. Shamim Ul Bari Ms. Keya Sutradhar ... For the Petitioner Mr. Sarwar Jahan Ms. Mousumi Mitra ...For the Respondent No. 4 The petitioner was engaged as Samprasarak in different Madhyamik Siksha Kendras (MSKs) for a period of one year and in that regard agreements were executed between them. Thereafter, by the subsequent agreements between them the engagement was renewed from time to time.

By a notification dated May 2, 2008 issued by the Department of Panchayats and Rural Development, Government of West Bengal, the upper age limit to continue as Samprasaraks/Samprasarikas of MSKs was enhanced to 65 years, instead of 60 years.

With regard to a notification dated December 18, 2019 issued by the School Education Department, Elementary Education Branch, Government of West Bengal, the administrative control of Sishu Siksha Kendras (SSKs) and Madhyamik Siksha Kendras (MSKs) was entrusted to the School Education Department, Government of West Bengal. By the said notification, it was stated therein that Samprasaraks/Samprasarikas who were within the age of 60 years on 1st April 2020, would be required to give their option in the prescribed format by 1st February 2022 for treating them at par with the para-teachers of Paschim Banga Samagra Shiksha Mission under the School Education Department. As per the notification, they would remain engaged with similar terms and conditions as that of para-

teachers to get the similar benefits extendable to them. The petitioners submit that though he exercised his option, but no benefit was extended to him which are admissible to the para-teachers. Under such circumstances, the petitioner seek directions upon the respondent authorities so that he may be reverted back to their previous status of Samprasarak and be allowed to continue his service till the age of 65 years.

Learned counsel for the petitioners submits that the petitioner was allured by the aforesaid notification dated December 18, 2019 that they would get the benefit of Employees Provident Fund (EPF) as was admissible to the para-teachers. But, since he exercised option, no benefit of EPF was granted to him. Learned counsel also submits that if the option exercised by him subsists, his clients would have to retire at the age of 60 years. He emphasizes that the petitioner be reverted back to the previous status and be allowed to continue his services as Samprasarak till the age of 65 years.

On the other hand, learned counsel representing the Mission Director, Paschim Banga Rajya Sishu Siksha Mission, the fourth respondent herein, submits by referring to a recent memo dated 1st March 2023 that the Mission Director will have no objection if the petitioner is allowed to continue his services up to the age of 65 years. He further submits that till date the authority has not extended any additional benefit to Samprasaraks/Samprasarikas at par with the para-teachers except granting the terminal benefit of Rs.3,00,000/-. He also submits that in the aforesaid memo dated 1st March 2023, it has been stated therein that engagement of Sahayaks/Sahayikas has been stopped since

2012. He informs this court that as regards engagement of Samprasaraks/Samprasarikas, their engagement has been stopped since 1st January 2010. Learned counsel, based on this memo, submits that the authority concerned has no objection if the Sahayaks/Sahayikas are reverted back to their previous status, provided they will not claim any benefit that are given or may be given in future to them treating at par with the para-teachers including Rs.3,00,000/- as terminal benefit. However, learned counsel submits that this court may pass necessary order in respect of Samprasaraks/Samprasarikas in view of the memo dated 1st March, 2023. Learned counsel informs the court that the memo dated 1st March, 2023 which was addressed to the Additional Secretary, Government of West Bengal has not yet been responded to.

Having heard learned counsels appearing for the respective parties and on consideration of the documents on record, especially the relevant Government notifications, I feel that the writ petition may be disposed of by passing the following directions.

The concerned respondents are directed to revert back the petitioner to his previous status of Samprasarak from the status at par with para-teachers and allow him to maintain such status treating the option exercised by him as cancelled/withdrawn immediately.

The petitioner is permitted to continue his services as Samprasarak up to the age of 65 years.

It is made clear that the petitioner will not be allowed to claim the benefits as admissible to the parateachers.

With the aforesaid directions the writ petition is disposed of.

Since, no affidavit-in-opposition has been invited the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There will be no order as to costs.

All parties may act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat copy of the order, if applied for, be supplied to the appellant on priority basis on compliance of necessary formalities, on priority basis.

( Rabindranath Samanta, J.)