Calcutta High Court (Appellete Side)
(Pijush Karmakar vs The State Of West Bengal & on 2 February, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
1
145
ML
02.02.2015 W.P.893(W) of 2015
Pg
(Pijush Karmakar vs. The State of West Bengal &
Ors.)
Mr. Rudranil De............for the petitioner
By presenting this writ petition dated
January 08, 2015, the petitioner has prayed for the
following relief:
"(a) A writ in the nature of a Writ of
mandamus commanding the Respondents to show
cause as to why the arrear Honorarium amounting to Rs. 10,000/- per month of the petitioner should not be paid since March, 2014 to till date as well as to pay regularly month by month".
It appears that the petitioner was rendering service as a Computer Instructor/Computer Faculty at Bankura Zilla School since September 12, 2005 under the West Bengal School Computer Education Programme (hereafter 'CLTP'). He had been engaged by NIIT, a computer education agency that had entered into an agreement with the School Education Department, Government of West Bengal. The agreement between NIIT and the Government expired on April 03, 2006. Meanwhile, the School Education Department entrusted Teledata Informatics Limited, Kolkata-14 with the contract of continuing the CLTP for another six years. In terms of Government order dated March 03, 2006, the school was required to enter into an agreement with Teledata Informatics Limited. The said Government order provided the important terms and conditions of the 2 agreement. However, despite there being no agreement between the school and Teledata Informatics Limited, the school continued to employ the petitioner and paid him an amount of Rs. 10,000/- (consolidated) per month towards his remuneration out of funds generated from collection of fees from the students. This arrangement was stopped from March 2014, as a result of which the petitioner is not being paid the amount of Rs. 10,000/-.
Mr. De, learned advocate appearing for the petitioner contends that since the petitioner has been discharging his duty sincerely and with devotion, it would be beneficial for the interest of the students of the school that necessary direction be made for making payment of the petitioner's remuneration.
In course of argument, Mr. De referred to certain Government orders including an order issued on August 03, 2012. It appears therefrom that the Government is in favour of continuation of computer literacy programme in secondary and higher secondary schools for the interest of the students. Having regard to its beneficial effects, the teachers have been sought to be given protection by way of issuance of directions not to disengage them.
None appears for the State despite service. Affidavit-of-service filed in Court today shall be retained with the records.
Having heard learned advocate appearing for 3 the petitioner and considering the nature of grievance expressed by the petitioner, it is difficult to hold that the school has any liability to pay the petitioner remuneration with effect from March 2014. The petitioner had been engaged by NIIT upon a contract with the State of West Bengal being executed. Once that contract expired, and there has been no fresh contract and engagement of the petitioner by any agency, he cannot claim any right of having his remuneration being paid by the school. If the State Government is interested in continuing the CLTP programme in the secondary and higher secondary schools, it had to ensure that appropriate agreements are entered into by and between the stakeholders for imparting proper computer lessons to the students, who are the future of the country.
However, considering the objective that is sought to be achieved by continuing the CLTP and further having regard to the fact that the Joint Secretary to the Government of West Bengal by his order dated August 03, 2012 had expressed displeasure in relation to disengagement of computer instructors in CLTP programme by some of the schools mentioned therein, without obtaining prior permission from the Director of School Education, Government of West Bengal, I am of the view that the Commissioner of School Education may look into the grievance of the petitioner and take an appropriate decision to ameliorate the same. An 4 appropriate decision shall be taken by the commissioner as early as possible but not later than eight weeks from date of receipt of a copy of this order.
The writ petition stands disposed of with the aforesaid directions. There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)