Rajkumar Mandal & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 7691 Cal

Calcutta High Court (Appellete Side)

Rajkumar Mandal & Ors vs The State Of West Bengal & Ors on 12 December, 2023

Author: Aniruddha Roy

Bench: Aniruddha Roy

Court No. 22           IN THE HIGH COURT AT CALCUTTA
12.12.2023              Constitutional Writ Jurisdiction
                               Appellate Side
(Item No. 162)
(AB)
                              W.P.A. 26824 of 2023

                          Rajkumar Mandal & Ors.
                                     VS
                       The State of West Bengal & Ors.

                       Mr. Rajendra Banerjee
                       Mr. Joy chakraborty
                       Mr. Subhendu Roy Choudhury
                       Ms. Ipsita Ghosh
                                         ..... for the petitioners
                       Mr. Shamim Ul Bari
                       Mr. Rezaul Hossain
                                         .... For the State
                       Md. Sarwar Jahan
                       Mr. S. N. Thander
                                         .... For respondent No. 4

Affidavit of service filed in Court today is taken

on record.

There are 9 writ petitioners.

This order shall be effected subject to payment

of Court fees by individual petitioners in accordance

with law.

Mr. Rajendra Banerjee, learned counsel for the petitioners undertakes to pay the Court fees immediately.

                        The      petitioners    were         engaged    as

                 Samprasaraks/Samprasarikas             in        different

Madhyamik Siksha Kendras (MSKs) for a period of one

year and in that regard agreements were executed

with them. The engagement was renewed from time to

time on contractual basis.

The petitioners in terms of the notification

dated May 2, 2008 issued by the Department of

Panchayats and Rural Development, Government of

West Bengal, claimed the benefit for being age of

superannuation upto 65 years.

In an identical writ petition, a Co-ordinate

Bench of this Court by its judgement and order

dated May 19, 2023 delivered in WPA 12057 of

2023 (Susampad Das & Ors. V. The State of West

Bengal & Ors.) allowed the benefit in favour of the

writ petitioners.

Mr. Shamimul Bari, learned advocate with Mr.

Rezaul Hossain, learned State advocate appeared for

respondent nos. 1 to 3.

Md. Sarwar Jahan, learned advocate appeared

for the respondent no. 4.

Both the learned advocates appearing for the

respondents had submitted that no appeal was

carried out from the said order dated May 19, 2023

and the State authorities had carried out the said

decision of the co-ordinate Bench and allowed the

claim of the petitioners.

On reading of the said judgment and order

dated May 19, 2023, I am also in respectful agreement

with the same.

In view of the above, in the light of the said

judgement dated May 19, 2023 delivered in the

matter of: Susampad Das (supra), this writ petition 2

stands allowed to the extent the right of the

petitioners was decided in the said judgement.

With the above observations, this writ petition,

WPA 26824 of 2023, stands disposed of, without

any order as to costs.

Urgent Photostat certified copy of this order, if

applied for, be supplied to the parties expeditiously,

on compliance of usual legal formalities.

(Aniruddha Roy, J.)