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RABINDRANATH SAMANTA
Krishnendu Biswas – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rabindranath Samanta, J.
1. Challenging the legality of the order dated 30th June, 2022 passed by the State Project Director, Paschim Banga Sarva Shiksha Mission rejecting his claim, the petitioner by preferring this writ petition seeks similar service benefits as available to Para Teachers, Voluntary Resource Persons (VRPs), Shiksha Bandhus and others under Sarva Shiksha Aviyan.
2. The background facts which led to the filing of the writ petition may be adumbrated as under:
The Government of India launched a scheme namely Sarva Shiksha Abhiyan in the year 2000-01 to provide elementary education to all children of the age group of six to fourteen. All the Shiksha Mitras including the petitioner are working under the said scheme. The scheme was introduced to extend the benefit of alternative schooling to those children who left ou
The main legal point established in the judgment is that the eligibility for benefits, such as weightage of past services, is determined by the clear and specific provisions of the relevant rules and....
Selection as Shiksha Mitra does not confer automatic right to appointment post a government ban on appointments, reaffirming the role of state policy in employment matters.
The court established that procedural compliance with government schemes is essential for valid engagement in public service roles.
The actual duties performed by an employee should be considered over the nomenclature of their initial appointment, and the relaxation of provisions in the rules should be extended to similarly situa....
Proper consideration of evidence and reports is essential for making decisions in matters of rehabilitation and engagement under government schemes.
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