The University Of Burdwan & Anr vs Dr. Kamal Bhattacharya & Ors
2023 Latest Caselaw 3687 Cal

2&2
Court
No. 11    07.06.2023
G.S.Das
                                           MAT 1571 of 2022
                                                With
                                                 CAN 1 of 2022

                                                      With

                                              MAT 1572 of 2022
                                                    With
                                                 CAN 1 of 2022


                                    The University of Burdwan & Anr.
                                                   -Vs-
                                     Dr. Kamal Bhattacharya & Ors.



                       Mr. Achintya Kumar Banerjee
                       Mr. Raghunath Chakraborty
                       Mr. Mahaboob Ahmed              ... for the Appellants


                       Mr. Swapan Kumar Dutta, Ld. AGP
                       Mr. Pradyot Kr. Das
                                                    ... for the State in MAT 1571 of 2022
                       Mr. Swapan Kr. Dutta, Ld. AGP
                       Mr. Pradyot Kr. Das
                                                     ... for the State in MAT 1572 of 2022

                       Mr. Jayanta Mitra
                                                     ... for the respondent/writ petitioners

Mr. Anil Kumar Gupta ... for the UGC

Party/Parties is/are represented in the order of

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

By the common Judgment and Order impugned

dated 15th September, 2022, the two writ petitions on

identical issues were decided by the Hon'ble Single

Bench.

The University of Burdwan is the appellant

before this Court challenging the common Judgment

and Order of the Hon'ble Single Bench dated 15 th

September, 2022 (supra) in the above stated

analogous appeals being MAT 1571 of 2022 and MAT

1572 of 2022 with their connected applications.

By the said impugned Judgment and Order, the

Hon'ble Single Bench directed that benefits of the two

Circulars dated 27th January, 2017 and 24th January,

2019 be extended to the writ petitioners/the

respondents in this appeal.

In the view of the Hon'ble Single Bench since the

writ petitioners were extended the status of teachers

on the basis of a decision of a concurrent Hon'ble

Single Bench dated 4th April, 1996, there could not

arise any justification to discontinue the benefits to

them of extension of their ages of retirement as

committed by the two Circulars dated 27 th January,

2017 and 24th January, 2019 (supra).

Mr. Dutta, Learned Additional Government

Pleader appearing for the State-respondents in both

the appeals, points out that the decision of the

concurrent Hon'ble Single Bench dated 4th April, 1996

(supra), was acted upon by the University and, on the

basis of the recommendations advanced by the

Committee as constituted by the University, apropos

benefits were extended to the writ petitioners by

treating them to be in the status of teachers as held by

the Hon'ble Single Bench by its Judgment and Order

dated 4th April, 1996 (supra).

However, Mr. Dutta points out and, to the mind

of this Court correctly so at this stage, that the

Burdwan University Act, 1981 was amended by the

West Bengal University Laws (Amendment) Act, 2012

by redefining the meaning of a Teacher of an

University and Teacher of a College. The redefinition

ushered in by the Amendment Act of 2012 literally

meant a person holding a whole time substantive

teaching post.

Learned Senior Counsel clarifies that the Hon'ble

Single Bench arguably could not have extended the

benefits under the two Circulars dated 27 th January,

2017 and 24th January, 2019 (supra) to the writ

petitioners treating them to be in the status of

teachers without considering the impact of the 2012

Amendment.

Admittedly, the distinction between persons to

be treated in the status of teachers and whole time

substantive teaching post holders has been created by

the 2012 Amendment which casts its long shadow on

any interpretation relating to the two Circulars dated

27th January, 2017 and 24th January, 2019.

The Hon'ble Single Bench therefore could not

have based its relief(s) granted to the writ petitioners

on the basis of a limited application of the said two

Circulars dated 27th January, 2017 and 24th January,

2019 (supra).

Additionally, Learned Senior Counsel points out,

that the decision impugned in this appeal has a

tendency to also impact other similar benefit seekers.

Mr. Mitra, Learned Counsel appearing for the

writ petitioners/respondents in both the appeals,

defends the Judgment and Order impugned dated 15 th

September, 2022 on the ground that since the status

of teachers was admittedly extended and acted upon

by the University qua the writ petitioners, the two

Circulars dated 27th January, 2017 and 24th January,

2019 (supra), should be beneficially construed. There

cannot be demotion from the status of teachers

accorded to the writ petitioners once accepted and

granted in terms of an order of a concurrent Hon'ble

Single Bench which has attained finality.

Mr. Achinta Kumar Banerjee, Learned Senior

Counsel appearing for the appellants/the University in

both the appeals, submits that the two Circulars dated

27th January, 2017 and 24th January, 2019 cannot be

given a limited interpretation by the Hon'ble Single

Bench.

It is submitted that steps were taken by the

University in deference to the Order dated April 4,

1996 (supra) and appropriate benefits in terms of the

recommendations of the Committee were extended to

the writ petitioners and mention of such benefits finds

place in the Affidavit-in-opposition filed on behalf of

the University before the Hon'ble Single Bench.

Learned Senior Counsel points out that in view

of the 2012 Amendment (supra), it would be no longer

arguable on behalf of the writ petitioners that they

enjoy parity of status with holders of whole time

substantive teaching post.

Having heard the parties in detail and anxiously

considering the materials placed, this Court is of the

view that arguable points have arisen for consideration

in this appeal. This Court is prima facie persuaded by

the stand taken by the State respondents that the

impact of the 2012 Amendment (supra) requires to be

interwoven with the effect of the two Circulars dated

27th January, 2017 and 24th January, 2019 (supra).

To the mind of this Court therefore, it would be

unwise at this juncture, to extend the benefits

identical to whole time teaching posts, to the writ

petitioners only on the basis of a limited interpretation

of the two Circulars dated 27 th January, 2017 and 24th

January, 2019 (supra).

For the above reasons, there shall be a stay of

the operation of the Judgment and Order dated 15 th

September, 2022 until further orders.

Since this Court is informed that Affidavits stand

already exchanged before the Hon'ble Single Bench,

this Court does not invite further Affidavits to this

appeal unless parties are desirous of dealing with any

further or other points of legal and factual importance.

Let Informal Paper Book(s) be prepared by the

appellants within a period of four weeks from date.

Let copies of the Informal Paper Book(s) be

served on Learned Advocates for the other appearing

parties.

Let the matter appear under the heading

"Hearing (Gr.-II)" in the Combined Monthly List of

August, 2023.

Since parties have appeared, notice of appeal

stands waived.

All parties to act on a server copy of this order duly

obtained from the official website of the Hon'ble High Court,

Calcutta.

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