Nandita Sen Biswas & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 6139 Cal

Court No. 22           IN THE HIGH COURT AT CALCUTTA
13.9.2023               Constitutional Writ Jurisdiction
(Item No. 27)
                               Appellate Side

(AB)
                             W.P.A. 21262 of 2023
                         Nandita Sen Biswas & Ors.
                                     VS
                       The State of West Bengal & Ors.

                       Mr. Bidhan Biswas
                                   .... For the petitioners
                       Mr. Bhaskar Prasad Vaisya
                       Mr. Nirmalya Roy
                                         .... For the State
                       Mr. Sarwar Jahan
                       Ms. Mousumi Mitra
                       Mr. S. N. Thander
                                   ..... for respondent No. 4

Affidavit of service filed in Court today is taken

on record.

The petitioners have already paid the

necessary individual Court fees as there are Sixty-

nine individual writ petitioners. The payment

acknowledgment handed over to this Court is taken

on record.

                        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 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. Bhaskar Prasad Vaisya, learned Additional

Government Pleader appeared for the 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 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 21262 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.)