Arup Kumar Mukherjee And ORS v. State Of West Bengal And ORS.
14.9 W.P.A. 20729 of 2022 Ct.
No.
akb Sri Arup Kumar Mukherjee & Ors.
-VersusThe State of West Bengal & Ors.
Mr. Shamim Ul Bari Ms. Molly Saha ...For the Petitioner Mr. Md Sarwar Jahan Ms. Mausumi Mitra Mr. Maidul Islam Vayal ...For Respondent No. 4 In this writ petition the petitioners state that they were engaged as 'Samprasarakas' in the various Madhyamik Shiksha Kendras in the State.
In terms of agreements between the petitioners and the respective Madhyamik Shiksha Kendras the petitioners were engaged as 'Samprasarakas' for a period of one year and this period of one year was renewed from time to time. By an order under Memo dated 2nd May, 2008 issued by the Principal Secretary, Department of Panchayat and Rural Development, government of West Bengal, the age limit of 'Samprasarak' was enhanced to 65 years instead of 60 years. By another notification dated 18th December, 2019 issued by the School Education Department, Elementary Education Branch, Government of West Bengal it was notified that administrative control of Sishu Siksha Kendras (SSK) and Madhyamik Shiksha Kendras (MSK) stood transferred to School Education Department, Government of West Bengal.
By the aforesaid notification dated 18th December, 2019 'Samprasarakas' who were within the age of 60 years on 1st April 2020 were given opportunity to exercise option to come under the School Education Department in order to get the benefits as available to 'para-teachers'.
as available to the 'para-teachers'. Even after lapse of more than two years since the option was exercised, the petitioners are deprived of getting any benefit as assured by the Government.
The petitioner Nos. 1, 2 and 4 are going to retire on superannuation within six months.
Under such circumstances, the petitioners seek directions so that thay may maintain their status as 'Samprasarakas' or revert back to the post of 'Samprasarak' from the status at par with 'para-teachers' and they be allowed to continue their service upto the age of 65 years.
Mr. Sarwar Jahan, learned Advocate appearing for the respondent No. 4, Mission Director, Paschim Banga Rajya Shishu Shiksha Mission, fairly submits that a scheme which was to be promulgated to bring the Samprasarakas at par with the para-teachers could not be promulgated as yet. On such score, learned Advocate submits, if the petitioner Nos. 1, 2 and 4, who are to retire within six months may withdraw their option. Mr. Jahan points out that the petitioner No. 3 is yet to complete the age of 60 years within a period of six months. In such context, Mr. Jahan suggests, so far as petitioner No. 3 is concerned, liberty may be given to him to ventilate his grievance as and when situation occurs.
Learned Advocate appearing for the petitioners accepts the submission / suggestion as advanced by Mr. Jahan.
Having heard the learned Advocates appearing for the parties and on consideration of the relevant Government Notifications/Orders annexed to the writ petition I feel that
the prayers as made by the petitioner Nos. 1, 2 and 4 may be allowed.
Therefore, in view of the above, the petitioner Nos. 1, 2 and 4 are allowed to switch back to the post of Samprasarakas with immediate effect and work as Samprasarak till the age of 65 years. However, the petitioner Nos. 1, 2 and 4 shall not be allowed to claim any benefit as available to 'para-teachers' in future. In so far as the prayer of the petitioner no. 3 is concerned, liberty is reserved to agitate his grievance in accordance with law, since more than six months is available to him to reach the age of 60 years.
With the aforesaid directions, the writ petition stands disposed of.
Since, no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents.
There shall be no order as to costs.
Urgent photostat copy of the order, if applied for, be supplied to the petitioner on priority basis on compliance of necessary formalities.
( Rabindranath Samanta, J.)