Calcutta High Court (Appellete Side)
Shri Asit Kumar Das vs Union Of India And Ors on 13 December, 2023
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
13.12.2023
Court No. 13
Item No. 19
AP
WPA 4625 of 2023
Shri Asit Kumar Das
Vs.
Union of India and Ors.
Mr. Sandipan Pal
... For the Petitioner.
Mr. Ajit Kumar Mishra
Mr. Abhishek Dey
Mr. Suprovat Banerjee
... For the Respondent Nos.1 to 3.
Mr. Arjun Ray Mukherjee Ms. Tapati Samanta ... For the State.
1. Counsel for the State submits that the petitioner has already been paid till March 2021. This is a development from the last date on which the matter was heard. The petitioner, however, claims that he worked in this school under the NCLP scheme until September, 2022.
2. The petitioner would rely upon several documents namely the report of the Medical Officer, RBSK, Panskura Municipality Unit, under the Uttar Mechogram BPHC, Purba Medinipur. The petitioner also relied upon a letter issued by the Block Development Officer, Panskura-I Dev. Block, Panskura, Purba Medinipur dated 27th September, 2022 asking for one quintal of food grains for distribution under the NCLP scheme.
3. In the above circumstances, this Court directs the District Magistrate, Purba Medinipur to submit a report either by him or his designate indicating as to whether the 2 writ petitioner/volunteers/teachers functioned under the NCLP scheme (albeit it is continued) until September 2022 at the Dakshin Mechogram Sishu Sramik Vidyalaya.
4. While doing so, the District Magistrate shall cause necessary enquiries to be made in respect of either volunteers/ teachers, who may be similarly placed as the writ petitioner or who may have worked as volunteers under the erstwhile NCLP scheme until 2022 in the Sishu Sramik Vidyalayas in the District of Purba Medinipur.
5. Counsel for the Union of India submits that the NCLP scheme was discontinued from March 2021 and the funds to the extent of Rs.63,90,790/- and odd lying unutilized with the State under the aforesaid scheme was asked to be refunded to the Central Government. State has not expressed in writing any intention to continue the NCLP scheme as mandated by the Central Government.
6. Counsel for the State submits that the quantum of amount is Rs.31,31,086.07/- as on 17th May, 2023.
7. This Court as a special case proposed that the sums refundable by the State to the Central Government as indicated above, should be utilized for the purpose of meeting any lawful remuneration payable to any of the volunteers/ teachers, who may have continued until September, 2022 in the aforesaid Sishu Sramik Vidyalayas (special training centers) subject to the report of the District Magistrate, Purba Medinipur. 3
8. Let this matter stand adjourned and be listed on 15th January, 2024.
9. Counsel for the petitioner and the respondents shall communicate a copy of this order to the District Magistrate, Purba Medinipur.
10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)