Calcutta High Court (Appellete Side)
Birendranath Roy vs The State Of West Bengal & Ors on 14 May, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
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akb 14.5.13 W.P. 13994 (W) of 2013
Birendranath Roy
-Versus-
The State of West Bengal & Ors.
Mr. Mrinmoy Kr. Sahu ...For Petitioner
Mr. Binoy Kr. Das ..For the State
Affidavit-of-service filed on behalf of the petitioner in Court be
kept on the record.
This writ application is filed by the petitioners 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 petitioners have been engaged to discharge the
function of "Guest Teacher" of Bamanpara Junior High School,
District - Nadia (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" 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 three weeks;
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 petition is kept
open.
Upon prima facie consideration of the fact that the
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Joint Secretary to the Government of West Bengal, School Education
Department (Secretary 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.
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.)