Ashish Kumar Tiwari vs The State Of West Bengal & Ors
2022 Latest Caselaw 8137 Cal

     08.12.22
47    Ct. No.11
      Sws.M
                                   MAT 1605 of 2022
                                         with
                                 IA No. CAN 1 of 2022

                                  Ashish Kumar Tiwari
                                           Vs.
                            The State of West Bengal & Ors.

                      Mr. Sutirtha Das
                      Mr. Sagnik Roy Choudhury
                                   ....for the Appellant

                      Ms. Chaitali Bhattacharya
                      Mr. Kartik Chandra Kapas
                                      ....for the State

                      Mr. Piush Chaturvedi
                      Mr. Tarun Kumar Das
                                       ....for the respondent Nos. 6&7

Ms. Koyeli Bhattacharyya ....for the WBBSE

Party/Parties is/are represented in the order of

their name/names as printed above in the cause-title.

This Court is taken to the Judgment and Order

of the Hon'ble Single Bench dated 9th September,

2022 which is under challenge in this appeal. The

parties point out that a bunch of four writ petitions

out of which four separate but analogous appeals

have been filed, were decided by a common judgment

and order by the Hon'ble Single Bench.

Appellant was the writ petitioner in one of the

said writ petitions. The appellant was in service as a

Teacher in the School in issue, which was the

respondent in the writ petition and is a respondent to

this appeal.

The other respondents are the State of West

Bengal and the West Bengal Board of Secondary

Education (for short, the Board).

Parties submit that a pure point of law has

arisen for consideration in these appeals.

On the one hand, the respondents take the

stand that under the applicable amended Regulations

of 2018, the School did not have any obligation to

obtain the approval of the Board for terminating an

employee/teacher from service following a

Departmental Proceeding.

On the other hand, the appellants take the

position that assuming but not admitting that such

consent did not operate prospectively from the date of

the amendment, formal steps connected to the

disputed dismissal of the four teachers/writ

petitioners were completed prior to the amendment

coming into force. It is therefore argued that the pre-

amended position of the Regulations should apply

and, without the approval of the Board the School in

issue could not terminate the services of the four

appellants.

After hearing the parties and considering the

materials placed, this Court is satisfied at this stage

that this matter can be heard on pure points of law as

raised by the parties. Therefore, without inviting

further affidavits at this stage, let this matter be

placed for consideration next under the same heading

'Application' (Group - II) Fixed by date on 17th

January, 2022.

All parties to act on a server copy of this order

downloaded from the official website of the Court.

(Supratim Bhattacharya, J.) (Subrata Talukdar, J)