Uttam Bandyopadhayay Vs State of West Bnegal — Calcutta HC (2024) — LawSathi Research

Uttam Bandyopadhayay Vs State of West Bnegal — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Approval of the petitioner's appointment by the Commissioner of School Education, West Bengal and communication thereof to District Primary School Council, Purulia; DPSC Purulia directed to issue the appointment within one week; service notionally counted from 04.04.2017 with notional salary fixation and increments; actual financial benefits payable from the date of joining; no order as to costs.

Issue for consideration

Whether the petitioner, who secured 19.61 marks in the 2009 recruitment process and was held entitled to appointment by the orders dated 04.04.2017 in W.P. No. 2669 (W) of 2017 and W.P.C.R.C. No. 146 (W) of 2017, should have his appointment approved and issued, with service notionally counted from 04.04.2017.

Court's answer

The writ petitioner was clearly entitled to appointment in the year 2017 in view of the orders dated 04.04.2017 passed in W.P. No. 2669 (W) of 2017 and W.P.C.R.C. No. 146 (W) of 2017.

Ratio / Principle

The Commissioner of School Education, West Bengal was directed to approve the petitioner's appointment and communicate the same to the District Primary School Council, Purulia, which was to issue the appointment to the petitioner mandatorily and positively within a period of one week.

Key takeaways

The petitioner's service is to be counted notionally from 04.04.2017; his salary, increments and revisions are to be calculated and fixed notionally as if he had joined service on that date, while the actual financial benefits are payable only with effect from the date of joining.ratio¶¶19

Detailed headnote1 paragraphs

Service law - primary school teacher recruitment (process of 2009, completed in 2015) - petitioner having secured 19.61 marks and having been held entitled to appointment by orders dated 04.04.2017 in W.P. No. 2669 (W) of 2017 and W.P.C.R.C. No. 146 (W) of 2017 - Commissioner of School Education, West Bengal directed to approve the petitioner's appointment and communicate the same to the District Primary School Council, Purulia; Council directed to issue the appointment mandatorily within one week - service to be counted notionally from 04.04.2017, with salary, increments and revisions fixed notionally as if the petitioner had joined on that date, actual financial benefits payable only from the date of joining - writ petition allowed and disposed of; no order as to costs.

24.06.2024. Court No.13 Item No. 31

ap W.P.A. No. 1149 of 2024

Uttam Bandyopadhyay Versus

The State of West Bengal & Ors.

Mr. Sudip Sarkar,

Mr. Krishna Pada Santra, Mr. Partha Sarathi Mishra.

…For the petitioner.

Mr. Bhaskar Prasad Vaisya, Mr. Nilay Baran Mandal.

…For the DPSC, Purulia.

Mr. Supriyo Chattopadhyay, ld. AGP Ms. Tapati Samanta.

…For the State.

District Primary School Council, Purulia has filed a letter dated 25^th January, 2024 addressed to the Commissioner of School Education, West Bengal. The same is kept with the record.

It is clear that the petitioner has secured 19.61 marks in the recruitment process of the year 2009 which was completed in the year 2015.

The other facts of the case are noted in this Court’s order dated 10^th June, 2024. The writ petitioner was clearly entitled to appointment in the year 2017 in view of the orders dated 4^th April, 2017 passed in W.P. No. 2669 (W) of 2017 and W.P.C.R.C. No. 146 (W) of 2017.

This Court directs the Commissioner of School Education, West Bengal to approve the petitioner’s appointment and communicate the same to the

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District Primary School Council, Purulia. District

Primary School Council, Purulia shall issue appointment to the petitioner mandatorily and positively within a period of one week from date.

The petitioner’s service shall be notionally counted from 4^th April, 2017. His salary including all increments shall be calculated notionally from the said date till the date of his joining. His salary shall be fixed as if he had joined the service on 4^th April, 2017 and was entitled to all the increments and revisions thereafter. The actual financial benefits to the petitioner i.e. the salary and other components shall be paid with effect from the date of joining. The length of service of the petitioner shall, however, be calculated with effect from 4^th April, 2017.

It is expected that the Commissioner of School Education, West Bengal and the District Primary School Council, Purulia act strictly within the time frame stipulated above.

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

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )

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