Uttam Kumar Naskar vs State Of West Bengal & Ors

Rajasekhar Mantha, J

By an order dated 17.08.2017 passed in W. P. No. 21353 (W) of 2016 a Co-ordinate Bench of this Court has in great detail held that being the petitioner therein was entitled to continue in the post of para teacher by getting benefit of the Memo of the Department of School Education dated 16.11.2010 up to the age of 60. The said Co-ordinate Bench set aside and quashed the order dated 04.03.2016 passed by the District Project Officer, Sarba Siksha Mission against the petitioner. In the said order dated 04.03.2016 the petitioner was refused the benefits of on line registration for improving qualifications on the basis that he was appointed only for one year and he was not entitled to continue in service until the age of 60 as already stated the said order has been set aside and quashed by the Co-ordinate Bench (supra).

The Co-ordinate Bench had also directed the Commissioner of School Education to consider the prayer of the petitioner for on line registration for improvement of his qualifications. This is the only interpretation that can follow from the order since the petitioner must be deemed to have been allowed to continue service up to the age of 60 years.

The Commissioner of School Education by the impugned order has stated that he has no jurisdiction to deal with the matter relating to the Sarba Siksha Mission and that only the respondent no. 3 being the State Project Director, Sarba Siksha Mission is the competent person.

This Court has also been informed that the petitioner is being prevented from discharging his duties and has not been paid his salary and remuneration from February, 2016. This is, apart from the violation of order passed by the Co-ordinate Bench (supra), is also a failure on the part of the Commissioner of School Education in understanding the scope and purport of the order.

It is made clear that the petitioner would be entitled to salary and emoluments as para teacher from the date he joins in the school. The respondent no. 3/the District Project Officer under whom the petitioner was appointed shall ensure that the petitioner is able to join the school immediately within ten days from date.

This Court has not allowed the petitioner's salary and allowance from February 2016 till date since there is no duty received from the petitioner although it is evident to this Court that the school had prevented him from discharging his duties.

With the aforesaid directions, the instant writ petition is disposed of.

No order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties on urgent basis.