Tapati Mondal And ORS. v. The State Of West Bengal And ORS.

16.12.2025 Item No.14, DL Court No.17 AJ.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 16446 of 2025 Tapati Mondal & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Sudipta Dasgupta, Mr. Saikat Sutradhar.

.....for the petitioners.

Mr. Swapan Kumar Datta, Ld. G.P., Mr. Niloptal Chatterjee.

....for the State.

Md. Sarwar Jahan, Ms. Mousumi Mitra, Ms. Tapati Sarkar, Ms. Shalini Sen, Ms. Sahina Parvin.

...for the Mission Director/ Respondent no.4.

Mr. Dasgupta, learned counsel for the petitioners submits that the deficit court fees has already been paid, he files the acknowledgement of such payment and the affidavit-of-service, let those be kept with the record.

The petitioners are the Sahayikas in different Sishu Siksha Kendra (SSKs, in short), all of them opted to avail the benefit of the Notification of the Government of West Bengal, School Education Department, Elementary Education Branch, bearing Memo No: 979ES/EE/10M-164/19 dated December 18, 2019 for being treated as Para Teachers of Paschim Banga Rajya Shishu Shiksha Mission. The

relevant paragraph of the said Notification is quoted below:

"2. The Sahayaks/Sahayikas and Mukhya Sahayaks/Mukhya Sahayikas of SSKs, Samprasaraks/Samprasarikas and Mukhya Samprasaraks/Mukhya Samprasarikas of MSKs who are within the age of 60 years on the date 01.04.2020 shall be required to give their option in the format annexed herein, by 5 pm of 01/02/2020 to Mission Director of PBRSSM through the District Nodal Officer, SSK/MSK of the concerned district, for treating them at par with the Para Teachers of Paschim Banga Samagra Shiksha Mission under School Education Department, Govt. of West Bengal and engage them with similar terms and conditions as that of Para Teachers, to get similar benefits extended to the Para Teachers."

Mr. Dasgupta, learned advocate for the petitioners submits that though his clients had opted for the benefit provided under the Memorandum bearing No.

306-SED18028(99)/2/2021-PBSEC-Dept. of SE dated August 29, 2024 but ultimately they realized that by exercising the said option they would not get the benefit of pension, as such, they are now praying that they may be reverted to their original status of Sahayaks/Sahayikas.

Learned Advocate for the State and Mr.

Jahan, learned Advocate for the Mission Director, Paschim Banga Rajya Shishu Shikhsha Mission, Government of West Bengal, the respondent no.4 herein submit that their clients have no objection to the said prayer of the petitioners.

The concerned respondents, therefore, are directed to allow the petitioners to maintain their status as Sahayikas in their respective SSKs ignoring the option exercised by them under the aforementioned Notification and to allow them to continue in such engagement up to the age of 65 years.

It is made clear that the petitioners will not be entitled to any of the benefits of Para Teachers.

WPA 16446 of 2025 is disposed of with the above terms, without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities. (Biswajit Basu, J.)