Allowed

Priyanka Karmokar v. State of West Bengal & Ors.

Calcutta HC5 Aug 2021WPA/1382/2020

Case brief

AI extract

What is this about?

The Writ Petition challenged non-payment of arrear remuneration despite prior approval of part-time teaching engagement. The Court directed authorities to revise the petitioner's salary and disburse arrears within fixed timelines.

What did the court decide?

The respondent authorities were directed to fix the petitioner's salary in accordance with Government pay scales with effect from 30.08.2010 and disburse arrears of remuneration within six months.

Priyanka Karmokar Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2021)

¶1

05.08.2021 SL No. 54 Court No. 24 (P.M.)

¶2

WPA 1382 of 2020 With IA No. CAN 1 of 2020 (Old No. CAN 4035 of 2020) With IA No. CAN 2 of 2020 (Old No. CAN 4036 of 2020) Priyanka Karmokar Vs The State of West Bengal & Ors. (Via Video Conference)

¶3

Mr. Sakti Pada Jana, Ms. Ujani Pal (Samanta) … for the petitioner

¶4

Mr. Lalit Mohan Mahata, Ms. Jhuma Chakraborty

¶5

… for the State

¶6

The petitioner prays for implementation of the order dated 9^th August, 2018 passed by the Director of Public Instruction. By the said order the engagement of the petitioner in Jamini Mazumder Memorial College as part time teacher has been approved from the date of her initial engagement i.e. 30^th August, 2010 in the light of G.O. No. 751-Edn(CS) dated 21^st August, 2010. The concerned officers were requested to do the needful as regards the arrear remuneration if not already paid. It was specifically mentioned in the order that the case of the petitioner has been settled considering the peculiar circumstances of the case and in terms of the order of the Hon’ble Calcutta High Court.

¶7

¶8

The petitioner complains that even though the Director of Public Instruction approved the engagement of the petitioner from 30th August, 2010 the petitioner is yet to receive the remuneration in terms of the pay scale fixed by the Government.

¶9

The learned advocate representing the State respondents submits that by a subsequent communication dated 24^th June, 2020 the Director of Public Instruction has intimated the College about the engagement of seven State aided college teachers and their services have been approved as per the memorandum No. 2081-Edn(CS)/10M83/2019 dated 23^rd December, 2019 of the Higher Education Department, Govt. of West Bengal. A list of seven teachers whose engagement has been approved as State aided college teachers was annexed with the said communication. The name of the petitioner appears at Serial No. 3 of the said list. The said list mentions that the petitioner was a Government approved part time teacher with effect from 30^th August, 2010 (wrongly mentioned as 30^th August, 2008). It has been submitted that the petitioner will be entitled to receive the government scale in accordance with the letter dated 20^th June 2020.

¶10

The aforesaid communication dated 24^th June, 2010 simply implies that part time teachers have been redesignated as State aided College teachers. The said letter clearly mentions that the service of the petitioner has been approved from 30^th August, 2010.

¶11

¶12

The respondent authorities are bound to act in accordance with the order passed by the Director of Public Instruction on 9^th August, 2018 and fix the salary of the petitioner in accordance with the Government pay scale with effect from 30^th August, 2010.

¶13

In direct the concerned respondent to take necessary step in this regard at the earliest but positively within a period of twelve weeks from the date of communication of a copy of this order. Effective steps shall be taken to disburse arrear remuneration of the petitioner at the earliest but latest within a period of six months hereof.

¶14

None appears on behalf of the Jamini Mazumder Memorial College despite service.

¶15

WPA 1382 of 2020 along with connected applications CAN 1 of 2020 and CAN 2 of 2020 stands disposed of.

¶16

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

¶17

( Amrita Sinha, J.)

Priyanka Karmokar v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Priyanka Karmokar v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shantanu Ghosh Vs State of West Bengal & Ors.

Prof. Dr. Narayan Banerjee Vs State of West Bengal & Ors.

Ajit Kumar Das Vs State of West Bengal and Ors.

Priyabrata Roy and Anr. Vs State of West Bengal and Ors.

Shib Shankar Das Vs State of West Bengal and Ors.

Prantik Chakraborty Vs the University of Calcutta & Ors.