Calcutta High Court (Appellete Side)
Abdul Jalal vs The State Of West Bengal & Ors on 3 May, 2023
4
03.05.2023
adeb
W.P.A. 2226 of 2019
Abdul Jalal
Vs.
The State of West Bengal & Ors.
Mr. N.G. Mukherjee
Ms. Kaushiki Chakraborty
....for the petitioner
Mr. Subrata Ghosh
Mr. Raja Ram Banerjee
...for the State
Petitioner has claimed certain benefits in view of
functioning as guest teacher for certain period of time.
The issue relating to extending benefits to guest teacher
has already been considered by the 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. The coordinate Bench by delivering
judgment dated 7th September, 2022 has decided the
issue, paragraph 39 of the said judgment is quoted
below:
"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."
It is not discernable from the writ petition whether
the petitioner at the time of engagement as guest teacher
was getting pension in terms of ROPA 1998 or not. In
view of such position the ratio decided in Badal Chandra
Bhunia (supra) whether is applicable in case of petitioner
or not in order to extend the relief as claimed cannot be
decided on this writ petition.
However, if it is found that in view of the judgment
dated 7th September, 2022 passed by the coordinate
Bench the petitioner is entitled to derive certain benefits
in connection with the petitioner's service as guest
teacher it will be open to make representation to the
concerned District Inspector of Schools. If such
representation is made, it will also be open to the District
Inspector of Schools to decide the issue in accordance
with law taking into consideration the judgment of the
coordinate Bench dated 7th September, 2022.
With the aforesaid observations, 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.)
