Calcutta High Court (Appellete Side)
Jyotsna Ray & Ors vs The State Of West Bengal & Ors on 4 October, 2024
Author: Jay Sengupta
Bench: Jay Sengupta
HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Present:
THE HON'BLE JUSTICE JAY SENGUPTA
WPA 25410 of 2024
Jyotsna Ray & ors.
Versus
The State of West Bengal & Ors.
For the petitioners : Mr. Bidhan Biswas
For the State : Mr. Biswabrata Basu Mallick
Mr. Sayan Ganguly
For the respondent no.3 : Mr. Md. Sarwar Jahan
Ms. Mousumi Mitra
Ms. Tapati Sarkar
Heard on : 04.10.2024
Judgment on : 04.10.2024
JAY SENGUPTA, J:
Petitioners have come up with the present writ petition
claiming to be treated as Sahayak/Sahayika in Sishu Shiksha
Kendra instead of para teacher.
It has been submitted by the learned advocate
representing the petitioners that in terms of notification dated
18th December, 2019 passed by the School Education
Department, Government of West Bengal they exercised option
to function as para teachers not as Sahayak/Sahayika.
However, petitioners have subsequently found that for a
considerable period of time scheme was not introduced and
ultimately vide memorandum dated 29th August, 2024 issued
by the Additional Secretary to the Government of West Bengal,
Department of School Education benefit of EPF Scheme is only
extended from 1st April, 2024 in the event Sahayak/Sahayika of
Sishu Shiksha Kendras opted for engagement upto the age of 60
years. It is submitted by the learned advocate representing the
petitioners that such scheme which has been introduced vide
memorandum dated 29th August, 2024 is found to be not
beneficial to them since same has been introduced with effect
from 1st April, 2024 and petitioners want to be treated as
Sahayak/Sahayika without giving effect to the options which
they have exercised. In support of such contention reliance is
placed on an order dated 16th March, 2023 passed by a
coordinate Bench on a writ petition being WPA 4525 of 2023
(Bidhan Chandra Naskar & Ors. Vs. The State of West Bengal &
Ors.) Learned counsel for the petitioners further contends that
they had not filled up any form in respect of the notification
dated 04.09.2024. Reliance is placed on an order passed by a
Co-ordinate Bench on 25.09.2024 in WPA 22612 of 2024.
Paschim Banga Rajya Sishu Shiksha Mission (for
short,PBRSSM‟) and the State-respondents are represented by
learned advocates.
It has been submitted specifically on behalf of PBRSSM
that the situation which was prevailing prior to issuance of
memorandum dated 29th August, 2024 is altered after 29th
August, 2024. Therefore, at present petitioners have no other
choice but to come under the said memorandum dated 29th
August, 2024 based on options they have exercised. In the same
breath it has also been submitted on behalf of PBRSSM that
since the benefit of EPF is extended to the Sahayak/Sahayika
with effect from 1st April, 2024 it may not be beneficial to those
Sahayak/Sahayika who have less than two years left if they are
to retire at the age of 60 years at par with para teachers.
Having considered the respective submissions made on
behalf of the parties this Court finds that there is memorandum
dated 29th August, 2024 issued by the Additional Secretary to
the Government of West Bengal deciding to extend benefit of
EPF to Sahayak/Sahayika with effect from 1st April, 2024 which
appears to be not beneficial to the petitioners as a result
whereof they are praying before this Court for a direction to be
treated as Sahayak/Sahayika not as para teachers by not giving
effect to the options which they have exercised. Similar benefit
has been extended by a coordinate Bench by passing order
dated 16th March, 2023 on a writ petition being WPA 4525 of
2023 in the case of Bidhan Chandra Naskar (Supra). Placing
reliance on the ratio of Bidhan Chandra Naskar (supra) this
Court has passed several orders directing the authorities not to
treat Sahayak/Sahayika as para teachers on giving credence to
the options which they have exercised. Only difference today is
issuance of memorandum dated 29th August, 2024 whereby
State authority has decided to extend the benefit of EPF to the
petitioners with effect from 1st April, 2024 which is found not to
be beneficial so far these petitioners are concerned since with
the benefit of EPF at the fag end of their service tenure they
have to retired at the age of 60 years instead of 65 years. If the
petitioners are treated as Sahayak/Sahayika they can function
upto the age of 65 years which according to them is more
beneficial than to function as para teachers till the age of 60
years accepting the condition as stipulated in the memorandum
dated 29th August, 2024.
Since in the writ petitions which have been decided prior
to issuance of memorandum dated 29th August, 2024
permitting those petitioners to be treated as Sahayak/Sahayika
without giving credence to the options which they exercised this
Court finds no impediment in extending same benefit to the
present petitioners. Mere issuance of memorandum dated 29th
August, 2024 should not act as fetter so far present petitioners
are concerned to be treated as Sahayak/Sahayika without giving
credence to the options which they have exercised.
In view of aforesaid discussions the writ petition stands
allowed directing the concerned State authorities including
PBRSSM authority to treat the petitioners as Sahayak/Sahayika
and the options which they have exercised shall be treated as
cancelled.
It is also clarified that in future they cannot claim the
benefits as para teachers.
Learned advocate representing the petitioners submits that
the deficit Court fees has been put in and in support of the
same document is produced before this court and the same is
taken on record.
Accordingly, the writ petition stands disposed of.
There shall be no order as to costs.
Urgent photostat certified copy of this order may be
supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J)
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