Nitish Kumar Bera And ORS. v. State Of West Bengal And ORS.

01-08-2022 ct no. 13 Sl. 34 sp WPA 11185 of 2022 Nitish Kumar Bera & Ors.

-VersusThe State of West Bengal & Ors.

Mr. Kamal Mishra, Mr. Pratap Sanfui .......for the petitioners Ms. Sucharita Roy ..for the respondents nos. 1 to 3 Mr. Sarwar Jahan ...for the respondent no.4 It has been submitted on behalf of the Paschimbanga Rajya Shishu Siksha Mission ('the Mission, for short) and also on behalf of the State that the petitioner nos. 1 & 5 in the circumstances as disclosed in the writ application, can withdraw their options by which they were acting as a "Samprasaraks at part with para-teacher."

Hence the petitioner nos. 1 and 5 may withdraw their options and they will continue to remain as Samprasaraks upto the age of 65 years. It is made clear that Rs. 3 lacs, which is to be given to the "Samprasaraks treated at par with para-teachers'" will not be paid to the

petitioner nos. 1 and 5 and the said petitioners are agreeable to the same.

Henceforth, therefore, the petitioner nos.

1 and 5, who are or due to retire in the next 6 months, who were serving as "Samprasarak at par with para-teachers," will be treated as "Samprasaraks" and will act as such till 65 years of age and will get all benefits of Samprasaraks.

It has been submitted by Mr. Jahan, the learned advocate for the Mission that the petitioners in future should not claim any benefit that are given or may be given in future to "Samprasaraks treated at par with the parateachers" as they are being granted the benefit as aforesaid. This submission is accepted by this Court and it is ordered accordingly.

This Mission Director will take all steps pursuant to this direction immediately.

The case and claim of the petitioner nos.

2, 3, 4 6, 7, 8, 9 and 10 may be considered by the Mission on the basis of any changed policy decision.

With this direction, this writ application is disposed of. The assistance of the learned

advocates for the Mission and State is appreciated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)