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2023 Supreme(Cal) 641
IN THE HIGH COURT AT CALCUTTA
RABINDRANATH SAMANTA, J.
Krishnendu Biswas – Appellant
Versus
The State of West Bengal and Others - Respondents
WPA 24767 of 2022
Decided on : 26-04-2023
Advocate Appeared:
For the Appellant : Mr. Samim Ahammed, Ms. Ambiya Khatun
For the Respondent: Mr. Biswabrata Basu Mallick, Mr. Sanjib Das, Mr. Madhusudan Mukhopadhyay
Headnote:
Right of Children to Free and Compulsory Education Act, 2009 - West Bengal RTE Rules, 2012 – Constitution of India, 1950 - Article 21, A - Service benefits - Sought for equal benefits - Challenging legality of order passed by State Project Director rejecting his claim, petitioner by preferring this petition seeks similar service benefits as available to Para Teachers, (VRPs), Shiksha Bandhus and others under Sarva Shiksha Aviyan – Held, Object of Sarva Shiksha Abhiyan demonstrates, Shiksha Mitras were associate with noble mission to provide free and compulsory education to all children, especially out of school and dropout children - Memorandum by which Shiksha Mitras were re-designated as education volunteer temporarily on contractual basis for a temporary period of 2 years is also violative of previous Government Order and clarificatory memorandum - As such Government Orders or memorandums issued by State authority trampling down right of petitioner are violative of Articles 21 and 21A of Constitution of India - In a welfare state like our country, it is not contemplated that Right of Shiksha Mitras who got job security up to age of 60 years with enhanced rate of honorarium would be taken away whimsically or arbitrarily - Impugned order which approves arbitrary memorandum and memorandum is vitiated with illegalities and arbitrariness and same is liable to be quashed - Petition disposed of.
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 petitioner is a Shiksha Mitra. Initially, he was engaged as a Bridge Course Instructor in a Bridge Course Centre in a school on 5th August, 2004 to assist backward children in their education. Since his joining, he has been discharging his duties diligently. Presently, he is working as an Education Volunteer at Kechuadanga B.C. Vidyaniketan (HS).
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 out school.
In West Bengal, this alternative schooling programme was launched in different mode and the persons who are actually carrying out the scheme are designated as Para Teachers, Shiksha Mitras, Special Educators, Volunteer Resource Persons and Shiksha Bandhus. All of them were engaged on contractual basis for a limited period. The programme of alternative schooling was launched in different Bridge Course Centres of Upper Primary Sectors and Rabindra Muktya Vidyalaya.
At the beginning, in order to engage Bridge Course Instructor, the District Project Director invited applications from the intending candidates through Panchayat Samity and Gram Panchayat. Accordingly, Hogalberia Gram Panchayat by notice invited applications from the elgible candidates having qualification of graduation for engagement of Bridge Course Instructors. Ultimately, the petitioner was engaged as a Bridge Course Instructor in Raghunathpur Upper Primary School. His engagement was approved by the Project Director vide memo dated 21st July, 2004.
By a memo dated 28th January, 2005, the Block Development Officer, Karimpur-I Development Block, Nadia made a proposal to the District Project Director to convert the Bridge Course Centre in which the petitioner was working to Rabindra Muktya Vidyalaya. Accordingly, the Bridge Course Centre was converted to Rabindra Muktya Vidyyalaya.
By a memo dated 4th August, 2004, the District Project Director prescribed procedure in detail for engagement of Shiksha Mitra (the then Community Tutor).
Para Teachers and Shiksha Mitras were engaged under the aforesaid scheme in the year 2004. The duties of Para Teachers were to find out weaker students and to teach them whereas, the duties of Shiksha Mitras, like the petitioner, were to teach the students who were left out from regular schooling. On the other hand, Voluntary Resource Persons and Shiksha Bandhus were engaged as non-teaching staff.
Considering the long and diligent service of Para Teachers, Voluntary Resource Persons, Shiksha Bandhus, Special Educators, the Secretary, School Education Department (Primary Branch) by issuing a memo dated 23rd April, 2010 declared that they would be reengaged until they attained the age of 60 years or until Sarva Shiksha Project was wound up. By the memo, the remuneration of those contractual employees was enhanced. The petitioner submits that though he is similarly situated and working under the same scheme, the benefit as extended to the aforesaid persons, was not extended to the Shiksha Mitras.
By a memo dated 9th June, 2010, it was clarified therein that remuneration of contractual teachers and others who were associated with Paschim Banga Sarva Shiksha Mission would be enhanced at the rate of 5% of the existing pay on expiry of every 3 years and they would
