Subhas Chandra Das v. State of West Bengal and Ors.

Calcutta HC20 Jun 2024WPA/5615/2024

Case brief

AI extract

What is this about?

Teacher recruitment appointment; DPSC Paschim Medinipur; qualifying marks above cut-off; academic qualification marks 20 vs 30; interview marks not disclosed; non-implementation of Division Bench order dated 30.06.2023 in MAT 258 of 2022; direction to issue letter of appointment and allot school within two weeks; notional appointment/backdated seniority from 1993; no arrears until joining; terminal benefits calculated from 1993 limited to 50 per cent; no costs; server copy direction.

What did the court decide?

Direction to the Chairman-incharge, DPSC, Paschim Medinipur to forthwith issue the petitioner's letter of appointment and allot a school within two weeks; appointment notional from the year 1993; no arrears of salary until joining; terminal benefits calculated from 1993 but only 50% payable; no order as to costs. ¶¶14

Subhas Chandra Das Vs State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner secured qualifying marks above the cut-off in the said examination process. +2 more

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Court's answer

The petitioner has definitely scored qualifying marks above the cut off in the said examination process.

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Ratio / Principle

The Chairman-incharge, DPSC, Paschim Medinipur is directed to forthwith issue the letter of appointment to the petitioner and allot him a school within two weeks of receipt of the order.

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Key takeaways

The petitioner's appointment is notional from the year 1993, in view of the Division Bench's observation in MAT 258 of 2022 dated 30.06.2023.ratio¶¶14
No arrears of salary are payable until the petitioner joins his post; his terminal benefits are to be calculated from the year 1993, but only 50% of the terminal benefits shall be paid.ratio¶¶14

Detailed headnote1 paragraphs

WPA 5615 of 2024 (order dated 20.06.2024, Rajasekhar Mantha, J.), Subhas Chandra Das v. State of West Bengal and others: writ petition disposed of with a direction to the Chairman-incharge, DPSC, Paschim Medinipur to forthwith issue the petitioner's letter of appointment and allot him a school within two weeks of receipt of the order. The Court found the petitioner 'has definitely scored qualifying marks above the cut off' in the examination process, noting the DPSC's unexplained grant of 20 instead of 30 academic-qualification marks and non-disclosure of interview marks. Relying on the Division Bench's observation/order dated 30.06.2023 in MAT 258 of 2022 (operative portions set out in the order dated 11.06.2024), the appointment was declared notional from the year 1993; no arrears of salary until joining; terminal benefits calculated from 1993 but restricted to 50%; no order as to costs; parties to act on the server copy.

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20.06.2024 Court No.13 Item No.24 pk

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WPA 5615 of 2024

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Subhas Chandra Das Vs.

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State of West Bengal and others

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Mr. Chittopriya Ghosh, Mr. Kuntal Ray, Ms. Priyanka Saha

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… for the petitioner Mr. Ranjan Saha … for the DPSC, Paschim Medinipur.

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Mr. Supriyo Chattopadhyay, Ms. Tuli Sinha

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… for the State.

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DPSC, Paschim Medinipur has filed a further report duly authorized by the Chairman-incharge in terms of the order dated 11^th June, 2024. There is absolutely no explanation whatsoever as to why the petitioner was granted 20 marks towards the academic qualification whereas he ought to have got 30 marks on the basis of the same. The marks obtained by the petitioner in the interview and on other heads have also not been disclosed.

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This Court is of the view that the petitioner has definitely scored qualifying marks above the cut off in the said examination process.

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Be that as it may, there is also no explanation as to why appointment was not given to the petitioners after three months of expiry of the order dated 30^th June, 2023 passed by the Division

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Bench in MAT 258 of 2022, the operative portions whereof are set out in the order dated 11.06.2024.

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In those circumstances, the instant writ petition is disposed of directing the Chairman-incharge, DPSC, Paschim Medinipur to forthwith issue letter of appointment to the petitioner and allot him a school within a period of two weeks from the date of receipt of a copy of this order. The petitioner’s appointment will be notional from the year 1993 in view of the observation of the Division Bench in MAT 258 of 2022 dated 30.06.2023 (supra). He shall not receive any arrears of salary until his joining his post, but his terminal benefits shall be calculated from the year 1993. He shall be paid only 50 % of his terminal benefits.

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There will be no order as to costs.

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All parties shall act on the server copy of

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this order duly downloaded from the official website of this Court.

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(Rajasekhar Mantha, J.)

Subhas Chandra Das v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Subhas Chandra Das v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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