Pankaj Kumar Pradhan vs State Of West Bengal & Ors
2022 Latest Caselaw 6975 Cal

                                        W.P.A. 13943 of 2013
55    26.09.2022
rkd   Ct.15
                                    Pankaj Kumar Pradhan
                                             -vs-
                                 State of West Bengal & Ors.

                   Mr. S. P. Lahiri,
                   Mr. Arijit Pradhan
                                                                 ....for the petitioner.

                             Affidavit-in-reply filed by the petitioner is

                   taken on record.

                             The        writ    petition    is   taken     up     for

                   consideration in presence of the learned advocate

                   representing the petitioner. Matter relates to grant

                   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 &
                          2




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 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.

In view of the judgment delivered by the

coordinate Bench as aforesaid the present writ

petition is disposed of upon granting leave to the

petitioner to approach the concerned authority for

sanction of benefit by treating the petitioner as

guest teacher if petitioner is entitled to such

benefits in view of observations and directions as

contained in the said judgement date 7th

September, 2022.

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.)