Amulya Kumar Tarafder vs The State Of West Bengal & Ors
2022 Latest Caselaw 6797 Cal

    87
21.09.2022
  adeb




                                W.P.A. 13436 of 2013

                             Amulya Kumar Tarafder
                                      Vs.
                        The State of West Bengal & Ors.

                    Mr. Ashok Kumar Jha
                    Ms. Moumita Mondal
                                             ...for the petitioner

                   The writ petition is taken up for consideration in

             presence of the learned advocate representing the

             petitioner. Matter relates to payment of benefits to the

             petitioner being guest teacher in terms of Government

             memorandum      dated    30th    May,    2008    and   not   in

             accordance with the Government memorandum dated

             16th October, 2012 and in the writ petition the said

             Government memorandum dated 16th October, 2012 has

             been questioned.

                   The issue relating to release of benefits to guest

             teachers is no more res integra in view of the judgment of

             a coordinate Bench dated 7th September, 2022. In

             paragraph 39 (a) of the judgment of the coordinate Bench

             dated 7th September, 2022 passed on a batch of writ

             petitions and first one is WPA 532 of 2013 (Badal

             Chandra Bhunia Vs. The State of West Bengal & Ors.) it

             has been held that 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
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to them. However, it has been directed by the coordinate

Bench that the sums paid in excess, if any, shall not be

recovered by the respondents from the guest teachers.

Here in the present case it has been submitted on

behalf of the petitioner that he is drawing pension not in

terms of ROPA 1998 therefore the observations and

directions contained in paragraph 39 (a) of Badal

Chandra Bhunia (supra) shall apply while deciding the

claim of the petitioner being guest teacher.

In view of aforesaid position as well as in

consideration of the judgment delivered in Badal

Chandra Bhunia (supra) the writ petition stands

disposed of.

However, 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.)