Mohammad Hossain v. State Of West Bengal And ORS.

06.11.2024 Ct. No. 18 adeb W.P.A. 25291 of 2024 Mohammad Hossain Vs.

The State of West Bengal & Ors.

Md. Habibur Rahaman Mr. Munjel Alam ...for the petitioner Mr. Sujoy Bandyopadhyay Mr. J. Das ...for the respondent no. 6 Mr. Prosenjit Mukherjee Ms. Madhurima Sarkar ...for the Madrasah Service Commission Mr. Rafikul Islam Sardar ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

By presenting this writ petition, inter alia, petitioner being an assistant teacher of Nalhati High Madrasah District- Birbhum has prayed for resumption of incremental benefits in connection of his training qualification. It is submitted that the petitioner was appointed permanently in the aforesaid madrasah on and from 1st July, 2014 but within the period of five years he could not complete teachers training course since after appointment he was not given no objection by the madrasah authority. It is also contended that due to belated issuance of no objection in favour of the petitioner to undergo teacher training ultimately petitioner was able to complete the training course at the

end of the session 2018-2020. Last semester ended on 1st July, 2020. However, in the meantime due to failure on the part of the petitioner to obtain training qualification increment for the training qualification has been withdrawn. Petitioner prays for resumption of such incremental benefits.

Petitioner has made a representation dated 12th August, 2024 addressed to the District Inspector of Schools (SE) Birbhum being respondent no. 5.

Respondents are represented by learned advocates. It is submitted jointly on behalf of the respondents since representation has been made to the respondent no. 5 same needs to be considered in accordance with law.

Having considered the respective submissions made on behalf of the parties the writ petition stands disposed of directing District Inspector of Schools (SE) Birbhum to take decision on the representation of the petitioner dated 12th August, 2024 by 8 (eight) weeks from the date of communication of this order after granting opportunity of hearing to the petitioner and the madrasah authority where petitioner is serving.

Respondent no. 5 shall pass a reasoned order and same shall be communicated to the petitioner within 1 (one) week thereafter.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)