Rabindra Nath Sen Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Rabindra Nath Sen Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Up-gradation of the writ petitioner (appellant) from Lower Division Clerk to Upper Division Clerk with all financial benefits from December, 2019 till date; all other financial benefits consequent upon the order to be released within eight weeks; order of the Director of Public Instruction, West Bengal dated 2nd March, 2023 set aside; no order as to costs.

Issue for consideration

Whether, in view of the Notification dated 5th October, 1998, the earlier Notification dated 10th January, 1986 stands superseded with regard to the claim for up-gradation from the post of Lower Division Clerk to the post of Upper Division Clerk on the basis of the students' roll strength (up-gradation being allowable where roll strength exceeded 1100). +1 more

Court's answer

On a conjoint reading of both the Circulars, the later Circular dated 5th October, 2018 is the creation of non-teaching posts and does not affect or in any way disturb the earlier Circular dated 10th January, 1986.

Ratio / Principle

The Circular dated 10th January, 1986 has to govern the claim of the writ petitioner, as the students' roll strength has admittedly increased in the meantime.

Key takeaways

The writ petitioner's claim for up-gradation from the post of Lower Division Clerk to the post of Upper Division Clerk is allowed with all financial benefits from December, 2019 till date; the point that a since-retired incumbent was the rightful claimant from 2016 to 2019 is not in dispute.ratio¶12
As two other similarly placed Lower Division Clerks of the College may be entitled to the same benefits, the College Authority may approach the Director of Public Instruction, West Bengal for similar relief if entitled in law.obiter¶16

Detailed headnote1 paragraphs

Appeal MAT 122 of 2024 by Rabindra Nath Sen, a Lower Division Clerk, against the order dated 12th September, 2023 passed in WPA 10361 of 2023, in which a reasoned order dated 2nd March, 2023 of the Director of Public Instruction, West Bengal on his claim for up-gradation to Upper Division Clerk had been challenged. The claim rested on the Circular dated 10th January, 1986 (No. 60-Edn (CS), Higher Education Department, Government of West Bengal), under which up-gradation is allowable where the students' roll strength exceeds 1100. Held, on a conjoint reading, that the later Circular dated 5th October, 2018 merely creates non-teaching posts and neither affects nor disturbs the 1986 Circular, which therefore governs the claim, the roll strength having admittedly increased. As an incumbent who retired was the undisputed rightful claimant from 2016 to 2019, up-gradation was allowed with all financial benefits from December, 2019 till date, consequential benefits to be released within eight weeks; the Director of Public Instruction's order dated 2nd March, 2023 was set aside. The College Authority was left free to seek similar relief from the Director for two other similarly placed Lower Division Clerks if entitled in law. The appeal succeeded; there was no order as to costs.

Item14-05-2025 MAT 122 of 2024 16. CAN 2 of 2024 sg Rabindra Nath Sen

Rabindra Nath Sen Vs.

Ct. 8 The State of West Bengal & Ors.

Mr. Sarajit Sen Mr. Saumyen Datt Ms. Dolon Dasgupta …for the appellant Mr. Monish Sen Ms. Oisani Mukherjee …for the respondent nos. 3-5 Mrs. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja …for W.B.B.S.E. Mr. Supriyo Chattopadhyay Mr. Arindam Ghosh …for the State

A reasoned order dated 2^nd March, 2023 passed by the Director of Public Instruction, West Bengal, was a subject matter of challenge in WPA 10361 of 2023 in which the impugned order dated 12^th September, 2023 was passed.

The issue came up for consideration as to whether in view of the Notification dated 5^th October, 1998, the earlier Notification dated 10^th January, 1986 stands superseded with regard to the claim for up-gradation from the post of Lower Division Clerk to the post of Upper Division Clerk on the basis of the students’ roll strength. If the roll strength had gone beyond 1100 then this up-gradation is allowable by reason of the said Circular.

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As fairly submitted by Mr. Supriyo Chattopadhyay, learned Additional Government Pleader, the Circular dated 5^th October, 2018 does not in any way impair the rights in favour of the writ petitioner by virtue of the Circular issued by Higher Education Department, Government of West Bengal being No. 60-Edn (CS) dated 10^th January, 1986.

On a conjoint reading of both the Circulars, it appears to us that the later Circular dated 5^th October, 2018 is the creation of non-teaching posts and it does not affect or in any way disturb the earlier Circular dated 10^th January, 1986. It has to govern the claim of the writ petitioner as admittedly the students’ roll strength has increased in the meantime.

The learned Counsel for the College Authorities has submitted that the claim of the writ petitioner can at best be considered from the year 2019 as there was an incumbent who retired in the meantime and he would have been the rightful claimant from 2016 to 2019.

This fact is not in dispute.

In view of the above, we allow the claim of the writ petitioner for up-gradation from the post of Lower Division Clerk to the post of Upper Division Clerk with all financial benefits from December, 2019 till date. All other financial benefits consequent upon this order shall be released within a period of eight weeks from date.

The College authority has submitted that there are two other similarly placed Lower Division Clerks who may

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be entitled to the same benefits.

The College Authority may approach the Director of Public Instruction, West Bengal, for similar relief if they are entitled in law.

The order of the Director of Public Instruction, West Bengal dated 2^nd March, 2023 is set aside.

The appeal succeeds. There shall be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Soumen Sen, J.)

(Smita Das De, J.)