Mahendra Kumar Nirola v. The State Of West Bengal And ANR
CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
Present:
THE HON'BLE JUSTICE JAY SENGUPTA WPA 211 of 2025 Mahendra Kumar Nirola Vs.
The State of West Bengal & Anr.
For the petitioner :
Mr. Bidhan Biswas Mr. Swarup Das For the Mission Director :
Ms. Tapati Sarkar For the State :
Mr. Sumit Kumar Mr. Sourav Sarkar Heard on :
03.3.2025 Judgment on :
03.3.2025 JAY SENGUPTA, J:
The petitioner has come up with the present writ petition claiming to be treated as Samprasarak / Samprasarika in Madhyamik Shiksha Kendra instead of para teacher.
Affidavit of service filed on behalf of the petitioner is taken on record. It has been submitted by the learned advocate representing the petitioners that in terms of notification dated 18th December, 2019 passed by the School Education Department, Government of West Bengal he 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 in Madhyamik Shiksha Kendra opted for engagement upto the age of 60 years. It is submitted by the learned advocate representing the petitioner that such scheme which has been introduced vide memorandum dated 29th August, 2024 is found to be not beneficial to him since same has been introduced with effect from 1st April, 2024 and petitioner wants to be treated as Samprasarak / Samprasarika without giving effect to the option which he 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.) Learned counsel for the petitioner further contends that he had not filled up any form in respect of the notification dated 04.09.2024. Reliance is placed on an order passed by a Co-ordinate Bench on 25.09.2024 in WPA 22612 of 2024. 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 he has exercised.
Samprasarika with effect from 1st April, 2024 it may not be beneficial to those Samprasarak / Samprasarika 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 to extend benefit of EPF to Samprasarak / Samprasarika with effect from 1st April, 2024 which appears to be not beneficial to the petitioner as a result whereof he is praying before this Court for a direction to be treated as Samprasarak / Samprasarika not as para teachers by not giving effect to the option which he 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 Sahayak/Sahayika 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 petitioners with effect from 1st April, 2024 which is found not to be beneficial so far this petitioner is concerned since with the benefit of EPF at the fag end of his service tenure he has to retire at the age of 60 years instead of 65 years.
If the petitioner is treated as Samprasarak / Samprasarika he can function upto the age of 65 years which according to him 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 Samprasarak / Samprasarika 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 to be treated as Samprasarak / Samprasarika without giving credence to the option which he 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 he has exercised shall be treated as cancelled.
It is also clarified that in future he cannot claim the benefits as para teachers.
Accordingly, the writ petition stands disposed of. There shall be no order as to costs.
Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J) SB/11