Bhupati Bhusan Senapati vs The State Of West Bengal & Ors
2022 Latest Caselaw 6792 Cal

                                      W.P.A. 5355 of 2013
82    21.09.2022
rkd   Ct.15
                                    Bhupati Bhusan Senapati
                                              -vs-
                                The State of West Bengal & Ors.

                   Ms. Tanuja Basak
                                                            ....for the petitioner.


                           The matter is taken up for consideration in

                   terms of the previous order dated 5th September,

                   2022    in     presence     of   the   learned     advocate

                   representing       the   petitioner.   However,    no    one

                   appears on behalf of the respondents today.

The issue involved in this writ petition

relates to extending the benefits in terms of

modified Government circulars dated 22nd May,

2012 and 16th October, 2012 qua Government

order dated 30th May, 2008.

The issue relating to release of benefits

based on aforesaid Government orders is no more

res integra in view of the judgment dated 7th

September, 2022 passed by a coordinate Bench on

a batch of writ petitions, first one being WPA 532 of

2013 (Badal Chandra Bhunia -vs- The State of

West Bengal & Ors.). Paragraph 39 of the said

judgement runs infra:

"39. The petitioner has already been paid remuneration in terms of the modified

circular 22nd May, 2012 and 16th October, 2012. The question of any further claims towards engagement as guest teachers, therefore, does not and cannot arise. This Court therefore issues the following directions in respect of all guest teachers who have filed writ petitions.

a) The engagement of guest teachers or persons other than those getting pension in terms of ROPA 1998 upto 1st April, 2012, being contrary to memorandum dated 30th May, 2008, are not entitled to claim any other benefits than what has already been paid to them. No sums paid in excess, if any, shall however be recovered by the State from such persons.

b) All those engaged as guest teachers prior to 1st April, 2012 under ROPA 1998 shall be entitled to get remuneration as stipulated under circular dated 22nd May, 2012 upto 1st April, 2012. They shall be entitled to lodge any formal claim towards any arrears payable to them as indicated hereinabove with the DI of Schools.

c) All those guest teachers engaged after 1st April, 2012 shall be entitled to get remuneration as stipulated in the memorandum dated 16th October, 2012. The State shall not recover any sums of money from any

person who may have received any excess of the above stipulation."

In view of the observations and directions

as contained in paragraph 39 of Badal Chandra

Bhunia (supra) the present writ petition stands

disposed of upon granting leave to the petitioner to

approach the concerned respondent authorities for

the benefits if the petitioner is entitled to in terms

of the directions as contained in the aforesaid

judgment dated 7th September, 2022.

However, there shall be no order as to

costs.

Urgent photostat certified copy of this

order, if applied for, be given to the learned

Advocates for the parties on the usual

undertakings.

(Saugata Bhattacharyya, J.)