Mamata Maji v. State Of West Bengal And ORS.

18.11.2025 Item No.18,DL Court No.17 (Susanta/Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 25513 of 2025 Mamata Maji -Vs- The State of West Bengal & Ors.

Mr. Lalratan Mondal, Mr. Dilip Kumar Sadhu.

.....for the petitioner.

Md. Sarwar Jahan, Ms. Mousumi Mitra, Ms. Tapati Sarkar.

....for the Mission Director .

Mr. Susovan Sengupta, Ld. AGP, Mr. Sanatan Panja, .... For the State.

Affidavit of service filed on behalf of the petitioner be kept with the record.

The petitioner is the Sahayika in Sishu Siksha Kendra (SSK, in short), she opted to avail the benefit of the Notification of the Government of West Bengal, School Education Department, Elementary Education Branch, bearing Memo No: 979-ES/EE/10M-164/19 dated December 18, 2019 for being treated as Para Teachers of Paschim Banga Rajya Shishu Shiksha Mission.

The relevant paragraph of the said Notification is quoted below:

"2. The Sahayaks/Sahayikas and Mukhya Sahayaks/Mukhya Sahayikas of SSKs, Samprasaraks/Samprasarikas and Mukhya Samprasaraks/Mukhya

Samprasarikas of MSKs who are within the age of 60 years on the date 01.04.2020 shall be required to give their option in the format annexed herein, by 5 pm of 01/02/2020 to Mission Director of PBRSSM through the District Nodal Officer, SSK/MSK of the concerned district, for treating them at par with the Para Teachers of Paschim Banga Samagra Shiksha Mission under School Education Department, Govt. of West Bengal and engage them with similar terms and conditions as that of Para Teachers, to get similar benefits extended to the Para Teachers."

Mr. Mondal, learned advocate for the petitioner submits that though his client had opted for the benefit provided under the Memorandum bearing No.

306-SED18028(99)/2/2021-PBSEC-Dept. of SE dated August 29, 2024 but ultimately she realized that by exercising the said option she would not get the benefit of pension, as such, she is now praying that she may be reverted to her original status of Sahayaks/Sahayikas.

Mr.

Jahan, learned Advocate for the Mission Director, Paschim Banga Rajya Shishu Shikhsha Mission, Government of West Bengal, the sole respondent herein submits that his

client has no objection to the said prayer of the petitioner.

The concerned respondent, therefore, is directed to allow the petitioner to maintain her status as a Sahayika in her respective SSK ignoring the option exercised by her under the aforementioned Notification and to allow her to continue in such engagement up to the age of 65 years.

It is made clear that the petitioner will not be entitled to any of the benefits of Para Teachers.

WPA 25513 of 2025 is disposed of with the above terms, without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities. (Biswajit Basu, J.)