Baidyanath Sahoo & ANR v. State Of West Bengal &ORS

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 4115 of 2012 Baidyanath Sahoo & Anr.

VS The State of West Bengal & Ors.

Mr. Ekramul Bari Mr. S. S. Mandal ..... for the petitioners Ms. Chama Mookherji Ms. Manika Pandit ....... For the State Affidavit of service filed in Court today, is kept Court No. 22 05.9.2022 (Item No. 48) (AB) on record.

Mr. S. S. Mandal, learned advocate led by Mr. Ekramul Bari, learned counsel appears for the writ petitioners claim to be an Additional Para Teacher at Rajnagar Ramchandra Adarsha Vidyapith (H.S.), District Purba Medinipur. The claim of the petitioners is that, though their employment was not terminated but was also not renewed.

Claiming renewal of their employment and the salary payable to them out of such employment the petitioners submitted their representation dated January 10, 2007.

Considering the submissions made on behalf of the writ petitioners and on perusal of records it appears to this Court that, justice will be sub-served if the petitioners are granted liberty to make a comprehensive representation before the respondent

No. 3 who then shall dispose of the same with a reasoned order.

The petitioners are granted liberty to make a comprehensive representation before the respondent No. 3 within a period of two weeks from date. In the event, such representation is made before the respondent No. 3, the respondent No. 3 shall upon giving at least seven days hearing notice to the petitioners and the respondent No. 4 and after affording an opportunity of hearing to them in accordance with law, shall pass a reasoned decision/order on the representation of the petitioners so to be made.

The entire exercise as directed above shall be carried out and completed by the respondent No. 3 within a period of six weeks from the date of communication of this order along with the comprehensive representation to be submitted by the petitioner. The respondent No. 3 then shall communicate its reasoned decision/order to the petitioner and the respondent No. 4 within a further period of two weeks from the date of the reasoned decision/order to be passed.

In the event, the reasoned order goes in favour of the petitioners, the School Authority namely, the respondent No. 4 shall give effect thereto and take all necessary steps therein within a further period of six

weeks from the date of communication of the said reasoned order.

On the above terms, this writ petition being WPA 4115 of 2012 stands disposed of.

There shall, however, be no order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

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(Aniruddha Roy, J.)