High CourtsSingle Bench(2020) 01 CAL CK 0285

Tararani Mahanta vs State Of West Bengal & Ors

Calcutta High Court · Decided on 10 January 2020

HON’BLE JUDGES
Rajasekhar Mantha, J
RESULT
Disposed Of
CASE NUMBER
Writ Petitions (WP) No. 22057 (W) Of 2019

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

25 paragraphs · 434 words

Rajasekhar Mantha, J

The writ petitioner was engaged as a Para Teacher under the Sarva Siksha Abhijan by the State Project Director, P.B.S.S.M. and the District Project

Officer at Gangajalghati Salberia Junior High School, Bankura.

 She has contested elections in the Bankura Zilla Parishad in the year 2013 and was elected as a member. Pursuant to a notification dated

24.05.2013 issued by the State Project Director, P.B.S.S.M., she tendered her resignation from the Post of Para Teacher.

 After having completed her term as a Member of Zilla Parishad, she applied to rejoin her post as Para Teacher which was allowed.

 The said rejoining appears to be pursuant to the notification and order of the Secretary, School Education Department, Govt. of W.B. dated

05.02.2014 being No. 142-S.E.(E.E.)/10-41/14.

 She, thereafter, claimed arrears of salary for the period during which she remained as a Member of Zilla Parishad which has rightly been declined.

However, by a communication dated 22.05.2017, the State Project Director, P.B.S.S.M. addressed a letter to the learned District Magistrate

concerned and the District Project Director, S.S.M., Bankura inter alia stating that the petitioner could not have been engaged as a Para Teacher

again despite a communication dated 04.06.2015 issued to the D.P.O., S.S.M., Bankura.

Since the communication dated 04.06.2015 is not available with the records, the State Project Director, P.B.S.S.M. at Bikash Bhawan, Salt Lake City,

Kolkata shall consider as to whether the petitioner is entitled to the benefit of the Circular dated 05.02.2014 (supra) within a period of two months

from the date of communication of the copy of this order.

The State Project Director, P.B.S.S.M. would also take into consideration the submission advanced on behalf of the State before this court that the

petitioner having voluntarily resigned from the said post cannot be equated with a person who would have been disengaged pursuant to her being

elected as a Member of Zilla Parishad.

It is also contended that the petitioner despite being elected as a Member of Zilla Parishad, claimed to have been re-engaged as a Para Teacher at the

School concerned during her tenure as a Member of Zilla Parishad in December, 2013.

The State Project Director, P.B.S.S.M. shall hear out the petitioner and/or his legal representatives and, if necessary, call for relevant records from

the District Project Director, S.S.M., Bankura in this regard.

With the above observations, the instant writ petition is disposed of without any order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary

formalities.