Sukumar Samanta & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 7232 Cal

17.10.2023
                           W.P.A. 24746 OF 2023
Item No. 24                       -----------
Sc
                       Sukumar Samanta & Ors.
                                   -Vs-
                     The State of West Bengal & Ors


                     Mr. Bidhan Biswas
                                     .... For the petitioners
                     Mr. Rezaul Hossain
                                      .... For respondent Nos. 1to 3

Md. Sarwar Jahan Ms. Mousumi Mitra Mr. S. N. Thander.

.... For respondent No.4

Affidavit of service filed in Court today is taken

on record.

There are thirty-nine individual writ

petitioners. Today, learned counsel for the petitioners

has produced the receipts showing payment of

individual court fees. Therefore, this order shall be

effected for all the thirty-nine writ petitioners.

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 engagements were 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 up to 65 years.

In an identical writ petition, a Coordinate

Bench of this Court by its judgment 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. Ranjan Saha, learned counsel appears for

the respondent nos. 1 to 3.

Md. Sarwar Jahan, learned counsel appears

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 Coordinate 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

judgment 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 judgment.

With the above observation, this writ petition,

WPA 24746 of 2023, stands disposed of, without

any order as to costs.

Photostat certified copy of this order, if applied

for, be furnished expeditiously

(Aniruddha Roy, J.)