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Calcutta High CourtWPA/19253/2024disposed

Prasanta Kumar Shannigrahi v. State Of West Bengal And ORS.

2024-08-19Hon'Ble Justice Saugata Bhattacharyya3 pages

rkd 19.08.2024 Ct.18 W.P.A. 19253 of 2024 Prasanta Kumar Shannigrahi -vsThe State of West Bengal & Ors.

Mr. Kalyan Kumar panda, Mr. Uttam Kumar Roy ....for the petitioner.

Mr. Jayanta Samanta, ....for the State.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

The petitioner being an Assistant Teacher in a Government aided secondary school has approached this Court with the present writ petition, inter alia, praying for direction upon the concerned State authorities to sanction 18 years' service benefits to him in consideration of his tenure as an Assistant Teacher which commenced on and from 21st May, 2005.

According to the petitioner, he completed 18 years' approved continuous service on 20th May, 2023 but petitioner has claimed benefit from 1st July, 2023. Notice of this Court has been drawn to a memo issued by the Secretary, School Education Department dated 11th September, 2023 addressed to the Commissioner of School Education whereby the Commissioner was directed to look into the

matter as per extant rules.

State respondents are represented by learned advocate who submits that till date no formal decision has been taken by the District Inspector of Schools (SE), Purba Burdwan being respondent no.3.

Having considered the submissions made on behalf of the parties, the writ petition stands disposed of granting leave to the petitioner to make a comprehensive representation to the respondent no.3 by fortnight from date claiming 18 years' service benefits.

If such representation is made within the aforesaid time, the respondent no.3 is directed to take decision in accordance with law by passing a reasoned order after granting opportunity of hearing to the petitioner or his representative within a period of eight weeks from the date of receipt of representation.

The decision to be taken by the respondent no.3. shall be communicated to the petitioner by one week thereafter.

However, there shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned

Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)