Disposed¶28

Kallal Chakraborty v. the State of West Bengal and Ors.

Calcutta HC9 Jan 2024WPA/2659/2023

Case brief

AI extract

What is this about?

Suspension order retrospective effect regularization Assistant Teacher West Bengal Board of Secondary Education Ad hoc Committee President District Inspector of Schools Alipurduar Rabindra Junior High School Hamiltanganj non est illegal mandamus writ disposed liberty representation twelve weeks prayer (c) service book Kallal Chakraborty M. V. Muralidaran Jalpaiguri circuit bench WPA 2659/2023

What did the court decide?

Liberty to the petitioner to make a representation to the respondent within two weeks of receipt of the order seeking regulation/regularization of his services from 15.8.2020 to 02.05.2022 pursuant to the communication of the order dated 07.12.2023; respondent to consider the representation and pass appropriate order within twelve weeks of receipt. ¶28

Kallal Chakraborty Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether the suspension order dated 02.05.2022 with retrospective effect from 15.08.2020 issued by the President, Ad hoc Committee, WBBSE, and the consequent memo dated 12.05.2022 of the District Inspector of Schools (Secondary Education), Alipurduar, were non est, illegal and devoid of legal effect (prayers (a) and (b)). +1 more

¶9

Court's answer

At the time of disposal, no grievance subsisted under prayers (a) and (b) (declaration/revocation of the suspension orders), the petitioner having been permitted to rejoin duty during pendency; only prayer (c) — regularization of the retrospectively suspended period — remained to be addressed.

¶16

Ratio / Principle

Since the petitioner had already been permitted to rejoin (communication of 7.12.2023) and had received salary, the Court gave him liberty to make a representation to the respondent seeking regularization (prayer (c)) of his service from 15.08.2020 to 02.05.2022 pursuant to the communication of the order dated 07.12.2023.

¶21

Key takeaways

On receipt of the representation within the stipulated time, the respondent was directed to consider it and pass appropriate order within a period of twelve weeks thereafter.ratio¶27

Detailed headnote1 paragraphs

Constitutional writ petition (WPA 2659/2023) before the High Court at Calcutta, Circuit Bench at Jalpaiguri (M. V. Muralidaran, J.), disposed on 09.01.2024. An Assistant Teacher at Rabindra Junior High School, Hamiltanganj, Alipurduar, challenged as non est/illegal the suspension order dated 02.05.2022 with retrospective effect from 15.08.2020 issued by the President, Ad hoc Committee, West Bengal Board of Secondary Education, and the consequent memo dated 12.05.2022 of the District Inspector of Schools (Secondary Education), Alipurduar. During pendency the petitioner was permitted to rejoin duty (communication of 07.12.2023; joined 20.12.2023), leaving no grievance under the declaration/revocation prayers (a) and (b). The Court disposed of the petition, giving liberty to make a representation within two weeks seeking regularization of service for the suspended period 15.08.2020 to 02.05.2022 (prayer (c)), with a direction to the respondent to consider it and pass appropriate order within twelve weeks of receipt.

¶1

09.01.2024 Item No.6 TR

¶2

IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side

¶3

WPA/2659/2023

¶4

KALLAL CHAKRABORTY VS

¶5

THE STATE OF WEST BENGAL & ORS.

¶6

Mr. Arnab Saha, ...for the Petitioner.

¶7

Mr. Hirak Barman, Ms. Bedashruti Bose, …for the State

¶8

Learned counsel for the petitioner has filed this present writ petition challenging the order of suspension dated 2.5.2022 with retrospective effect from 15.8.2020 issued by the President, Ad hoc Committee, West Bengal Board of Secondary Education under the prayer (a) which is as follows:

¶9

¶10

¶11

After hearing the learned counsel for the petitioner this Court has issued notice on December 1, 2023 to the respondent. While pendency of the writ petition on 7.12.2023, the petitioner has received a communication permitting him to join in the service as Assistant Teacher. Accordingly, the petitioner also joined on 20^th December, 2023 and the petitioner is in service.

¶12

Learned counsel for the petitioner represented that petitioner has filed the present writ petition for the following prayers :

¶13

“(a) issue a writ in the nature of mandamus directing the Respondent concerned to declare the impugned Order of suspension dated 02.05.2022 with retrospective effect from 15.08.2020 issued by the President, Ad hoc Committee, West Bengal Board of Secondary Education and consequent impugned order vide Memo No. 217/1(3)/G/APD(SE) dated 12.05.2022 issued by the District Inspector of Schools (Secondary Education), Alipurduar are non est, illegal, devoid of any legal effect; (b) issue a writ in the nature of mandamus directing the Respondent concerned to revoke, cancel, rescind, recall the impugned Order of suspension dated 02.05.2022 with retrospective effect from 15.08.2020 issued by the President, Ad hoc Committee, West Bengal Board of Secondary Education and consequent impugned order vide Memo No. 217/1(3)/G/APD(SE) dated 12.05.2022 issued by the District Inspector of Schools (Secondary Education), Alipurduar forthwith;

¶14

¶15

(c) issue a writ in the nature of mandamus directing the Respondent concerned to allow the Petitioner to resume his duty in the service at the post of „Assistant Teacher‟ at the Rabindra Junior High School, Hamiltanganj, Alipurduar forthwith and also allow to continue with said service without any excuse and consequently thereupon direct the Respondent concerned to regularize the period of service illegally suspended by the impugned order in the relevant service book of the Petitioner upon treating the service of the Petitioner so rendered at the said post at the said school from the period of 24.03.2021 to 12.05.2022 as regular service of the Petitioner forthwith.”

¶16

As per prayers (a) and (b) there is no grievance at all whereas in prayer (c) the petitioner has sought for regularize the period of suspension which was passed on 02.05.2022 with retrospective effect from the 15.08.2020.

¶17

Therefore learned counsel for the petitioner represented that prayer (c) may be considered and the suitable direction may be issued to the respondent.

¶18

Learned counsel for the State has represented that the petitioner has challenged the suspension order. Later, on 07.12.2023 the petitioner was permitted to join in the service. Hence, the writ petition is not maintainable and the prayer made before this Court has become infructuous. Admittedly, the petitioner was suspended on

¶19

¶20

02.05.2022 with retrospective effect from 15.08.2020. Therefore, learned counsel for the petitioner represented that a direction may be issued to the respondent to consider the prayer no. (c) by regularizing the petitioner’ s service from 15.8.2020 to 2.5.2022.

¶21

Learned counsel for the State has represented that since the petitioner has received salary there is no question of regularizing from 15.8.2020 to 02.05.2022. Since the petitioner was suspended on 02.05.2022 in the impugned order it is mentioned that the suspension order will take retrospective effect from 15.08.2020, it is up to the State to consider the petitioner’s service of regularization from 15.08.2020 till 02.05.2022. Therefore, the petitioner is given liberty to approach the respondent by way of making representation seeking the prayer (c) for regularization of his service from 15.08.2020 to 02.05.2022. Learned counsel for the State has also agreed for the same. Therefore, I am inclined to pass following order :

¶22

a) This writ petition is disposed of.

¶23

b) The petitioner is given liberty to make a

¶24

representation to the respondent within two weeks from the date of receipt of the order seeking regulation of the services from 15.8.2020 to 02.0

¶25

¶26

c) 5.2022 pursuant to communication of the order dated 07.12.2023.

¶27

d) On receipt of the said representation within the time stipulated by this Court, the respondent is directed to consider the same and pass appropriate order within a period of twelve weeks thereafter.

¶28

With these observations, this writ petition stands disposed of.

¶29

(M. V. MURALIDARAN, J.)

Kallal Chakraborty v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Kallal Chakraborty v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Maa Kalpana Enterprise and Anr. Vs State of West Bengal and Ors.

Nilu Goel @ Nilu Jain Goel Vs Aditya Jain

Md. Belayet Hossain Vs Union of Inidia and Ors.

M/S Essem Jute Industries Ltd. Vs E.P.F. Org and Ors.

Sukumar Ghosh and Ors. Vs Sanchayita Ghosh and Ors.

Sukumar Ghosh and Ors. Vs Sanchayita Ghosh and Ors.