Dipali Roy And ORS. v. State Of West Bengal And ORS.

23.9 W.P.A. 21941 of 2022 Ct.

No.

Dipali Roy & Ors.

-VersusThe State of West Bengal & Ors.

akb Mr. Kamalesh Bhattacharjee Mr. Bidhan Biwas ...For the Petitioner Mr. Md Sarwar Jahan ...For Respondent No. 4 Mr. Rezaul Hossain ...For the State Respondents In this writ petition the petitioners state that they were engaged as 'Sahayika' in the various Shishu Shiksha Kendras in the State.

In terms of agreements between the petitioners and the respective Shishu Shiksha Kendras the petitioners were engaged as 'Sahayikas' and their age of retirement is 65 years. Since, 1st April 2020 all the Shishu Shiksha Kendras have been brought under the School Education Department, Government of West Bengal and thereby Sahayikas of the aforesaid Shishu Shiksha Kendras who were within 60 years of age prior to 1st April 2020 were permitted to get the status at par with the 'para-teachers' by extending the benefits available to the post of 'para teachers' if they exercised option by 1st February 2020 through the appropriate authority. The petitioners exercised their option in order to get the benefits as available to the 'para-teachers' accordingly.

But since 1st April 2020 no benefit was extended to them which is admissible to the 'para-teachers' The 'para-teachers' are to retire at the age of 60 years. The petitioners are going to retire within six months.

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 Sahayikas at par with the para-teachers could not be promulgated as yet. On such score, learned Advocate submits, if the petitioners, who are to retire within six months may withdraw their option. 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 petitioners may be allowed. Therefore, in view of the above, the petitioners are allowed to switch back to the post of Sahayikas with immediate effect and work as Sahayikas till the age of 65 years. However, the petitioners shall not be allowed to claim any benefit as available to 'para-teachers' in future. 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.)