Calcutta High CourtWPA/21458/2024disposed

Runa Kandar And ORS. v. State Of West Bengal And ORS.

2024-11-05Hon'Ble Justice Jay Sengupta7 pages

HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

Present:

THE HON'BLE JUSTICE JAY SENGUPTA WPA 21458 of 2024 Runa Kandar & others.

Versus

The State of West Bengal & Ors.

For the petitioners Mr. Bidhan Biswas Mr. Tapas Chatterjee For the State Mr. Rezaul Hossain For the respondent no.4 Mr. Md. Sarwar Jahan Ms. Mousumi Mitra Ms. Tapati Sarkar Heard on :

05.11.2024 Judgment on : 05.11.2024 JAY SENGUPTA, J:

The petitioners have come up with the present writ petition claiming to be treated as Sahayak/Sahayika in Shishu Shiksha Kendra instead of Para Teacher.

At this stage, learned counsel appearing on behalf of the petitioners submits that the following petitioners do not think that they should be treated as Sahayak/Sahayika instead of Para Teacher and they want to continue as Para Teacher. As such, they would not like to press this application. The names of such petitioners as under:

Serial No.

Name of the petitioners 09.

Sunita Basuri (Paira) 13.

Babli Adhikari Bairagi 15.

Ganga Rani Das 17.

Mithu Mandal Gnora 18.

Supriya Mandal Ghorai 19.

Madhumita Ghorai Patra 20.

Nuresha Khatun 21.

Bharati Mandal (Maji) 22.

Arpita Bera (Chowdhury) 24.

Tapati Midya 26.

Dilsadia Khatun 27.

Nilima Ghorai (Manna) 28.

Barnali Ghorai Mondal 29.

Supriya Duari Patra 30.

Lipika Mandal Kuar 40.

Rina Das 55.

Jayashree Giri 56.

Banasri Jana 63.

Hemanta Kumar Jana 64.

Sujata Bera

65.

Abha Jana 66.

Durgamani Patra Giri 68.

Sabana Ullah Bibi 69.

Mamata Haque 70.

Maya Manna Hazra 71.

Mina Roy Mondal 80.

Pramila Roy Majumdar 82.

Gitanjali Jana Maity 83.

Mahuya Begum Laskar 84.

Shiuli Mondal 85.

Shajida Khatun Sarkar 87.

Sikha Sardar 88.

Rehena Sheikh Khan 89.

Bithika Mandal 90.

Sagarika Mondal 91.

Rekha Barman Hait 92.

Kakuli Pariya Bera 93.

Habiba Khatun Molla 94.

Suchitra Chatui 95.

Maskura Khatun Sekh 96.

Sabina Saikh Molla 98.

Amita Mandal 100.

Namita Bairagi 101.

Puspa Kayal 102.

Kabita Patowari (Naskar) 103.

Sakila Pailan 105.

Kaberi Bhandari 106.

Munni Mishra

107.

Rathi Rui Das 108.

Sobha Biswas 115.

Lazima Khatun Bibi 119.

Bandana Murmu (Hansda) 120.

Sumitra Sau Patra 124.

Sanghamitra Pal (Nandi) 128.

Pushpa Maity (Das) The petitioners were initially serving as Sahayak/Sahayika in Shishu Shiksha Kendra. They exercised option to avail the benefit given in favour of para teachers.

The benefit of para teacher to be given to the Sahayak/Sahayika was, on publication of the notification, found to be not beneficial. Some of the petitioners, accordingly, intend to be reverted back to the status of Sahayak/Sahayika and they intend to remain in service till 65 years of age. Various writ petitions on similar facts were considered by the Court and the Court by judgment dated 27th September, 2024 in WPA 24808 of 2024 (Antara Pandit & Ors -Vs- The State of West Bengal & Ors.) directed the concerned State authorities including PBRSSM authorities to treat the petitioners as Sahayak/Sahayika and the option submitted by them to be treated as para teacher has been directed to be treated as cancelled.

As the facts of the case are similar to the case of Antara Pandit & Ors (supra), accordingly, in line with the above judgment, the instant writ petition is disposed of by directing the Mission Director to treat the petitioners in question as Sahayak/Sahayika and permit them to remain in service till 65 years of age.

No benefit in respect of para teacher will be allowed in their favour.

The order passed hereinabove will not be applicable in respect of the following petitioners and the writ petition shall be deemed to be dismissed as not pressed in respect of them: Serial No.