(Ad 38) vs The State Of West Bengal & Ors
2023 Latest Caselaw 6676 Cal

Court No. 22                     WPA 23183 of 2023

03.10.2023                      Abdur Razzaque & Ors.
(AD 38)                                   Vs.
                            The State of West Bengal & Ors.
(S. Banerjee)




                     Mr. Kamal Mishra
                     Mr. Pratap Sanfui
                     Mr. Subhadeep Maitra
                                                       ... for the petitioners
                     Ms. Sucharita Roy
                     Ms. Tanuja Basak
                                                              ... for the State
                     Md. Sarwar Jahan
                     Mr. S. N. Thander
                                              ... for the respondent no. 4

Affidavit of service filed in Court today is taken on

record.

There are 12 writ petitioners. Mr. Kamal Mishra,

learned counsel for the petitioners submits that all the

petitioners have paid the respective court fees.

                      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.

Ms. Sucharita Roy, 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

stands allowed to the extent the right of the petitioners

was decided in the said judgement.

With the above observations, this writ petition,

WPA 23183 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.)