Tarunava Mondal And ORS. v. The State Of West Bengal And ORS.

04.12.2024 Ct. No. 18 (Suvendu) W.P.A. 28299 of 2024 Tarunava Mondal & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Lalratan Mandal Mr. Dilip Kumar Sadhu ...for the petitioners Mr. Pinaki Dhole Mr. Avishek Prasad ...for the State respondents Mr. Sarwar Jahan Ms. Mousumi Mitra Ms. Tapati Samanta .....for the respondent no. 6 Affidavit of service filed on behalf of the petitioners is taken on record.

Mr. Mandal, learned advocate representing the petitioners submits that since petitioners are holding separate posts in different Madhyamik Shiksha Kendras (for short, "MSK") joint petition espousing cause of all the petitioners may not be permissible. Hence, learned advocate representing the petitioners prays for leave to move the writ petition only in respect of petitioner no. 1 and also prays for leave to withdraw the writ petition in respect of other writ petitioners being petitioner nos. 2 to 12 with liberty to file afresh on self-same cause of action. Acceding to the prayer of the learned advocate representing the petitioners, the present writ petition is taken up for consideration by treating the same as a writ petition of petitioner no.1 (hereinafter referred to as "petitioner") and in connection with petitioner nos. 2 to

12, writ petition stands dismissed as withdrawn with liberty to file afresh on self-same cause of action. Petitioner has come up with the present writ petition claiming Samprasarak/Samprasarika in MSK instead of para teacher.

It has been submitted by the learned advocate representing the petitioner that in terms of notification dated 18th December, 2019 passed by the School Education Department, Government of West Bengal petitioner exercised option to function as para teacher not as Samprasarak/Samprasarika. However, petitioner has subsequently found that for a considerable period of time scheme was not introduced and ultimately vide memorandum dated 29th August, 2024 issued by the Additional Secretary to the Government of West Bengal, Department of School Education benefit of EPF Scheme is only extended from 1st April, 2024 in the event Samprasarak/ Samprasarika of Madhyamik Shiksha Kendra opted for engagement upto the age of 60 years.

has exercised. In support of such contention, reliance is placed on an order dated 16th March, 2023 passed by a coordinate Bench on a writ petition being WPA 4525 of 2023 (Bidhan Chandra Naskar & Ors. Vs. The State of West Bengal & Ors.) Paschim Banga Rajya Sishu Shiksha Mission (for short, „PBRSSM‟) and the State-respondents are represented by learned advocates.

It has been submitted specifically on behalf of PBRSSM that the situation which was prevailing prior to issuance of memorandum dated 29th August, 2024 is altered after 29th August, 2024. Therefore, at present petitioner has no other choice but to come under the said memorandum dated 29th August, 2024 based on option petitioner has exercised. In the same breath it has also been submitted on behalf of PBRSSM that since the benefit of EPF is extended to the Samprasaraks/ Samprasarikas with effect from 1st April, 2024 it may not be beneficial to those Samprasaraks/Samprasarikas who have less than two years left if they are to retire at the age of 60 years at par with para teachers.

Having considered the respective submissions made on behalf of the parties, this Court finds that there is memorandum dated 29th August, 2024 issued by the Additional Secretary to the Government of West Bengal deciding extend benefit of EPF Samprasaraks/Samprasarikas of MSKs with effect from

1st April, 2024 which appears to be not beneficial to the petitioner as a result whereof petitioner is praying before this Court for a direction Samprasarak/Samprasarika not as para teacher by not giving effect to the option which petitioner has exercised. Similar benefit has been extended by a coordinate Bench by passing order dated 16th March, 2023 on a writ petition being WPA 4525 of 2023 in the case of Bidhan Chandra Naskar (Supra). Placing reliance on the ratio of Bidhan Chandra Naskar (supra) this Court has passed several orders directing the authorities not to treat Samprasaraks/Samprasarikas as para teachers on giving credence to the options which they have exercised.

Only difference today is issuance of memorandum dated 29th August, 2024 whereby State authority has decided to extend the benefit of EPF to the petitioner with effect from 1st April, 2024 which is found not to be beneficial so far petitioner is concerned since with the benefit of EPF at the fag end of petitioner‟s service tenure petitioner has to retire at the age of 60 years instead of 65 years. If the petitioner is treated as Samprasarak/Samprasarika petitioner can function upto the age of 65 years which according to the petitioner is more beneficial than to function as para teacher till the age of 60 years accepting the condition as stipulated in the memorandum dated 29th August, 2024.

Since in the writ petitions which have been decided prior to issuance of memorandum dated 29th August, 2024 permitting those petitioners to be treated as Samprasaraks/Samprasarikas without giving credence to the options which they exercised this Court finds no impediment in extending same benefit to the present petitioner. Mere issuance of memorandum dated 29th August, 2024 should not act as fetter so far present petitioner is concerned Samprasarak/Samprasarika without giving credence to the option which petitioner has exercised.

In view of aforesaid discussions the writ petition stands allowed directing the concerned State authorities including PBRSSM authority to treat the petitioner as Samprasarak/Samprasarika and the option which petitioner has exercised shall be treated as cancelled.

It is also clarified that in future petitioner cannot claim the benefits as para teacher.

Accordingly, the writ petition stands disposed of. 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.)