Pradip Kumar Kuila vs The State Of West Bengal & Ors
2023 Latest Caselaw 7234 Cal

17.10.2023
                           W.P.A. 22473 OF 2023
Item No. 22                       -----------
Sc
                          Pradip Kumar Kuila
                                   -Vs-
                      The State of West Bengal & Ors


                    Mr. Arindam Chattopadhyay
                    Ms. Lipika Chatterjee
                    Ms. Tapati Saha.
                                      .... For the petitioner
                    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.

The petitioner was engaged as Samprasarak in

Madhyamik Siksha Kendra (MSK) for a period of one

year and in that regard agreement was executed with

them. The engagement was renewed from time to time

on contractual basis.

The petitioner, 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. Rezaul Hossain, learned advocate

appeared for the State respondents.

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 Coordinate Bench and allowed the

claim of the petitioner.

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 petitioner

was decided in the said judgment.

With the above observation, this writ petition,

WPA 22473 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.)