Pabitra Samanta And ORS v. State Of West Bengal And ORS.

14.9.2023 W.P.A. 20999 OF 2023 ----------- (Item No. 19) Sc Pabitra Samanta & Ors.

-VsThe State of West Bengal & Ors Mr. Firdous Samim Ms. Gopa Biswas.

.... For the petitioners Mr. Rezaul Hossain .... For respondent Nos. 1-4 Md. Sarwar Jahan Ms. Mousumi Mitra Mr. Asif Mehdi .... For respondent Nos.5, 6 Affidavit of service filed in Court today is taken on record.

There are nineteen writ petitioners. The claim may be identical but the causes of action are separate, independent and different. Hence, all the writ petitioners shall have to pay the necessary ad valorem court fees individually. Subject to payment of individual court fees by all the writ petitioners, this order shall be effected.

The petitioners were engaged as Samprasaraks/ Samprasarikas in different Madhyamik Siksha Kendras (MSKs) for a period of one year and in that regard agreements were executed with them. The engagement was renewed from time to time on contractual basis.

The petitioners, in terms of the notification dated May 2, 2008 issued by the Department of

Panchayats and Rural Development, Government of West Bengal, claimed the benefit for being age of superannuation up to 65 years.

In an identical writ petition, a Coordinate Bench of this Court by its judgment and order dated May 19, 2023 delivered in WPA 12057 of 2023 (Susampad Das & Ors. v. The State of West Bengal & Ors.) allowed the benefit in favour of the writ petitioners.

Mr.

Rezaul Hossain, learned advocate appeared for the respondent nos.1 to 4.

Md. Sarwar Jahan, learned advocate appeared for the respondent Nos. 5 & 6.

Both the learned advocates appearing for the respondents had submitted that no appeal was carried out from the said order dated May 19, 2023 and the State authorities had carried out the said decision of the Coordinate Bench and allowed the claim of the petitioners.

On reading of the said judgment and order dated May 19, 2023, I am also in respectful agreement with the same.

In view of the above, in the light of the said judgment dated May 19, 2023 delivered in the matter of Susampad Das (supra), this writ petition stands allowed to the extent the right of the petitioners was decided in the said judgment.

With the above observation, this writ petition, WPA 20999 of 2023, stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously (Aniruddha Roy, J.)