Calcutta High Court (Appellete Side)
Nabakanta Mandal vs The State Of West Bengal & Ors on 3 May, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
03.05.2013.
srm
W.P. No. 12780 (W) of 2013
Nabakanta Mandal
Versus
The State of West Bengal & Ors.
Mr. Tapan Kumar Mahapatra
... For the Petitioner.
Mr. Sushanta Kumar Rakshit
... For the State.
Let the affidavit‐of‐service filed by the petitioner be kept on record.
This writ application is filed by the petitioner assailing two
departmental memorandums issued by the Joint Secretary to the Government
of West Bengal, School Education Department (Secondary Branch) under
Memo No.957‐SE(S)/10M‐25/2009 dated May 22, 2012 and Memo No.3269‐
SE(S)/3S‐25/2009 dated October 16, 2012 respectively.
The petitioner has been engaged to discharge the function of a ʺGuest
Teacher" of Sonatikri 10 No. Junior High School, District‐South 24‐Parganas (a
newly set up upper primary school) under policy framed by the Government
of West Bengal under Memo No.674‐SE(S)/3S‐38/07 dated May 30, 2008.
By virtue of the impugned memorandums under reference a Joint
Secretary to the Government of West Bengal, School Education Department
(Secondary Branch) fixed the monthly remuneration of "Guest Teacher"
2
engaged under newly set up upper primary schools. By virtue of the
impugned memorandums the above joint Secretary to the Government of
West Bengal, School Education Department (Secondary Branch) fixed the
remuneration of "Guest Teacher" engaged in newly set up upper primary
school are contrary to the provisions of column 4 of the Government Order
No.674‐SE(S)/3S‐38/07 dated May 30, 2008.
Let affidavit‐in‐opposition be filed within one week after reopening of
this Court after summer vacation; reply thereto, if any, be filed within one
week thereafter.
Liberty is given to the parties to mention the matter before appropriate
Bench for expeditious hearing after expiry of the aforesaid periods.
The point of maintainability of this writ application is kept open.
Upon prima facie consideration of the fact that the Joint Secretary to the
Government of West Bengal, School Education Department (Secondary
Branch) issued the impugned memorandums fixing the remuneration for
"Guest Teacher" engaged in newly set up upper primary schools which
contrary to the Government Order No.674‐SE(S)/3S‐38/07 dated May 30, 2008,
I prima facie find that the balance of convenience and/or inconvenience is in
favour of staying the operation of the impugned memorandums. Therefore,
the operation of the impugned memorandums are stayed until further order.
3
This order will not prevent the respondent authority from releasing the
monthly remuneration of the petitioner in terms of the aforesaid Government Order dated May 30, 2008 during the pendency of this writ application.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
( Debasish Kar Gupta, J. )