Calcutta High Court (Appellete Side)
Barunava Maiti vs The State Of West Bengal & Ors on 9 September, 2024
Author: Jay Sengupta
Bench: Jay Sengupta
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Jay Sengupta
WPA 25971 of 2023
Barunava Maiti
Vs.
The State of West Bengal & Ors.
For the Petitioner: Mr. Saktipada Jana,
Ms. Sudipta Pramanik.
For the State: Mr. Bhaskar Prasad Vaisya ld.AGP.,
Mr. Janardan Mondal.
For the Respondent nos.6&7: Mr. Saibal Acharya,
Mr. Abdus Salam.
Heard On: 09.09.2024
Judgment On: 09.09.2024
Jay Sengupta, J.:-
1. This is an application praying for a direction upon the respondent
authorities to allow the petitioner to resume his duties as contractual
teacher at the vocational training centre run by the Institution and
direct them to disburse the remuneration with arrears due from April,
2023 till date.
2. Report filed on behalf of the Teacher-in-Charge of Bhimeswari Uchcha
Sikshayatan being respondent no.6 is taken on record.
3. Learned counsel appearing on behalf of the petitioner submits that his
client would not like to file any exception but would controvert the
allegations made in the Report by making oral submissions. He
submits that the petitioner had joined the Institution on 05.07.2010.
According to the concerned Government Circular, even the tenure of
contractual workers like him are to be protected till the age of 60 years.
In 2023, some political violence took place in the area. The petitioner
received injuries and filed a complaint. However, a counter FIR was
also lodged against him. The petitioner was arrested, was in custody
for 12 days and thereafter, came out on bail. In the meantime, on
15.02.2023, the petitioner had applied for leave before the Institution.
He reiterated his prayer for leave. After some time, in September 2023,
when the petitioner went to join back the Institution and resume work,
he was prevented from doing so. No departmental or disciplinary
action was taken. In fact, no formal termination has taken place of
such employment. Reliance is placed on an order dated 16.05.2023
passed by a Coordinate Bench of this Court in WPA 8914 of 2023.
4. Learned counsel appearing on behalf of the respondent no.6 denies
the allegations made in the writ petition and submits as follows. The
petitioner went on leave in the early part of 2023 and returned and
demanded resumption of work only in the month of September, 2023.
On 20.09.2022, the respondent authorities wrote the Director of the
Vocational Training. The Director asked the concerned authorities to
decide either to reinstate or to terminate the services. The Managing
Committee also resolved in this regard in October, 2023. In fact, there
was a show cause given to the petitioner to explain the long absence
and no reply was given for the show cause. There is no question of
payment of any back wages because the petitioner despite requested
by the Institution did not join his service. There was also suppression
of being arrested in a criminal case during such time.
5. The State is represented.
6. I have heard the submissions of the learned counsel appearing on
behalf of the parties, perused the writ petition and the report filed by
the respondent no.6.
7. Admittedly, the petitioner had been working as a contractual teacher at
the Institution since 2010. In 2023, the petitioner fell into some trouble.
He purportedly applied for leave, in February, 2023 but came back to
join the service only in September, 2023.
8. In spite of all these, it does not appear that the respondent authorities
of the Institution had initiated any formal action in this regard.
Although, a show cause was made regarding long absence, it was not
followed by any order of termination or, for that matter, any intervening
departmental or disciplinary action.
9. It also appears that the respondent authorities did not formally show
cause the petitioner about his involvement and arrest in a criminal
case.
10. Without taking such an action or granting an opportunity of hearing, it
is not open to the respondent Institution to forcibly and physically
prevent the petitioner from resuming his service.
11. In view of the above, the respondent nos.5 and 6 are directed to allow
the petitioner to join his duties as a contractual teacher at the
Institution forthwith. However, no order is passed regarding wages for
the period for which the petitioner had remained absence. The
petitioner, however, shall have the liberty to make representation in
this regard to the concerned authorities.
12. The Institution shall also be at liberty to initiate any disciplinary or other
proceeding against the petitioner in accordance with law.
13. With the aforesaid directions, the writ petition is disposed of.
14. Urgent photostat certified copy of this order may be supplied to the
parties expeditiously, if applied for.
(Jay Sengupta, J)
NB/10
