Md. Sofiulla v. The State Of West Bengal And ORS

Sl.43 01.04.2025 Court No.2 BP Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side WPA 625 of 2025 Md. Sofiulla -versusThe State of West Bengal & Ors.

Mr. Sakti Pada Jana Mr. Debajit Kundu ..for the petitioner Mr. Subir Kumar Saha Mr. Kumar Shantanu ..for the State Affidavit of service filed in Court today is taken on record.

The petitioner claims to be an approved Assistant Teacher of Jalpesh L.K. High School (H.S.). The petitioner claims to have completed his eighteen years of service on January 15, 2023. The petitioner submitted his prayer for grant of eighteen years benefit in terms of the memorandum dated October 8, 2009 before the concerned District Inspector of Schools (S.E.), Jalpaiguri.

Mr. Jana, learned advocate appearing for the petitioner submits that the prayer of the petitioner for availing the eighteen years benefit was forwarded to the Commissioner of School Education, Director of School Education Department by the Additional Secretary, School Education Department vide office memorandum dated April 8, 2024. The grievance of the petitioner is that no decision on such application has been communicated to the petitioner till date.

Since the petitioner has claimed eighteen years benefit in terms of the memorandum dated October 8, 2009, the competent authority is duty bound to consider such prayer in accordance with law.

In the light of the submissions made by the learned advocate for the petitioner and the State, WPA 625 of 2025 is disposed of without entering into the merits of the claim of the petitioner and by directing the Commissioner of School Education being the respondent no.2 to consider the prayer of the petitioner for availing the eighteen years benefit and to dispose of the same by passing a reasoned order after giving an opportunity of hearing to the petitioner or his authorized representative and to communicate the reasoned order immediately thereafter.

The entire exercise shall be completed within a period of six weeks from the date of receipt of a server copy of this order along with the copy of the representation dated 12th March, 2024.

No order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)