Writ petition filed by a guest lecturer seeking benefits under a state circular. The court disposed of the petition, directing the Education Directorate to decide within one month and communicate the decision within two weeks.
Direction to Director of Public Instruction to take a decision within one month and communicate it within two weeks.
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40 07-06-2022 AKG Ct. 40
WPA 4004 of 2022
Gopal Adhikari Versus The State of West Bengal & Ors.
Mr. Ashis Kumar Chowdhury, Mr. Rajib Ghosh, Mr. Rohan Paul …For the Petitioner
Mr. Rabindra Kr. Mitra, Mr. Sayantan Bose, Ms. Ankita Chowdhury, …For the Respondent Nos. 3, 4 & 5
Affidavits filed by the respective parties be kept with the records.
Despite service, State is not represented. The petitioner alleges that despite serving as a guest lecturer in Midnapore College, he has not been provided with the benefits of the government circular dated December 23, 2019, vide No. 2081 – Edn (CS)/10M-83/2019.
It appears that the Director of Public Instruction sought some clarifications from the relevant College for extending the benefits of the aforesaid circular to the petitioner.
The College authority, accordingly, by a letter dated January 18, 2020, furnished certain information regarding the performance of the petitioner as a guest lecturer of the said College. The College authority, further, sought suggestions as to what should be done on behalf of the College.
2
It appears that despite such communication being made, no response has been made so far by the Director of Public Instruction, Education Directorate.
I am of the view that there is no justification for keeping the writ petition pending. Accordingly, the writ petition being WPA 4004 of 2022 is disposed of with a direction upon the Director of Public Instruction, Education Directorate, West Bengal to take a decision with regard to the extension of the benefits of the said memo dated December 23, 2019 vide no. 2081 – Edn (CS)/10M-83/2019 to the petitioner within a period of one month from the date of communication of this order. In taking such decision, the Director of Public Instruction will hear the petitioner as well as the College authority. The decision so taken, shall be communicated to the petitioner within two weeks from the date of the decision.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.
(Kausik Chanda, J.)
1 issue framed by the court
Whether the Director of Public Instruction should be directed to decide on the petitioner's claim for benefits under a government circular.
Gopal Adhikari
The State of West Bengal
Kausik Chanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
