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IN THE HIGH COURT AT CALCUTTA, (CIRCUIT BENCH AT JALPAIGURI)
KRISHNA RAO, J.
Apu Sutradhar – Petitioner
Versus
State of West Bengal & Ors. – Respondents
WPA 2224 of 2022
Decided On : 24-07-2023
EDUCATION - Restructuring of Service Conditions and Benefits - Part-Time Teachers, Contractual Whole Time Teachers, and Guest Teachers - Memorandum dated December 23, 2019 - Applicability to Teaching-cum-Learning Assistants - Interpretation and Application.
Fact of the Case:
The petitioner, appointed as a Teaching-cum-Learning Assistant in a government-aided college, sought to be considered for restructuring of service conditions and other benefits under the Memorandum dated December 23, 2019, issued by the State Government. The Director of Public Instruction, however, rejected the petitioner's claim on the ground that the post of Teaching-cum-Learning Assistant did not fall under the categories of Part-Time Teachers, Contractual Whole Time Teachers, or Guest Teachers specified in the Memorandum.
Finding of the Court:
The court held that the post of Teaching-cum-Learning Assistant was not equivalent to that of a Guest Lecturer or any other category mentioned in the Memorandum dated December 23, 2019. The court relied on the report submitted by the Officer-in-Charge of the college, which clarified that the post was created by the Parents-Teachers Association of the college and remunerated out of the college fund. The court further noted that the petitioner had failed to provide any evidence to establish that the duties performed by a Teaching-cum-Learning Assistant were similar to those of a Guest Lecturer.
Issues: 1. Whether the post of Teaching-cum-Learning Assistant is equivalent to that of a Guest Lecturer or any other category mentioned in the Memorandum dated December 23, 2019. 2. Whether the petitioner is entitled to the restructuring of service conditions and other benefits under the said Memorandum.
Ratio Decidendi: The court interpreted the Memorandum dated December 23, 2019, to be applicable only to Government approved Part-Time Teachers, Government approved Contractual Whole Time Teachers, and Guest Teachers engaged in different Government/Government Aided Colleges in the State of West Bengal. The court held that the post of Teaching-cum-Learning Assistant did not fall under any of these categories and, therefore, the petitioner was not entitled to the benefits under the Memorandum.
Final Decision: The court dismissed the petitioner's writ petition, holding that the order passed by the Director of Public Instruction dated July 22, 2022, rejecting the petitioner's claim, required no interference.
JUDGMENT :
(Krishna Rao, J.) :
1. This present writ application is directed against the order passed by the Director of Public Instruction, State of West Bengal dated July 22, 2022 wherein the claim of the petitioner for grant of benefit of the Memorandum No. 2081-Edn (CS)/10M-83/2019 dated December 23, 2019 is rejected.
2. On June 12, 2018, the Officer-in-Charge of ABN Seal College, Cooch Behar had published a notice for walk-in-interview for the posts of Teaching-cum-Learning Assistant. The petitioner had participated in the said walk-in-interview process and the petitioner was selected for the said post.
3. The Joint Secretary to the Government of West Bengal by a Memo dated September 3, 2019 intimated to the Director of Public Instruction, State of West Bengal to request the Principals/Teacher-in-Charges/Vice Principals/Officer-in-Charges to submit the details of the Government approved Part Time Teachers (PTTs), Government approved Contractual Whole Time Teachers (CWTTs) and Guest Teachers (GLs) engaged prior to July 13, 2019 to restructure the service conditions and other benefits.
4. As the name of the petitioner was not sent, the petitioner had made request to the respondent to take necessary steps for sending the name of the petitioner for the purpose of restructuring of the service condition. Though the name of the petitioner was not sent, the petitioner along with others have directly made the request to the District Magistrate, Director of Public Instruction and the Joint Secretary of Higher Education Department requesting for consideration of the case of the petitioner.
5. On receipt of the representation of the petitioner, the Director of Public Instruction requested the Officer-in-Charge of Acharya Brojendra Nath Seal College, Cooch Behar to send the status report of the petitioner and others and accordingly the Officer-in-Charge had forwarded a status report to the Director of Public Instruction.
6. The petitioner has also made representation to the President of the College Authority for inclusion of his name as State Aided College Teacher and for sending the name of the petitioner through portal but the name of the petitioner was not included and being aggrieved with the said act, the petitioner has filed a writ petition before this Court being WPA No. 455 of 2022 along with others and the said writ petition was disposed of by the Coordinate Bench of this Court on March 7, 2022 by passing the following order:
As it appears that presently all the documents of the petitioner is available in the office of the Director of Public Instruction, accordingly, the instant writ petition is disposed of by directing the Director of Public Instruction to take a decision with regard to the prayer of the petitioner for grant of benefit in terms of the Memorandum dated 23rd December, 2019 strictly in accordance with the said Memo at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order.
The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.
The petitioner is directed to forward a copy of his representation made to the Director of Public Instruction along with all documents in his support to aforesaid respondent at the time of communicating the order of this Court.”
7. In compliance of the order by this Court dated Mach 7, 2022, the Director of Public Instruction, State of West Bengal by an order dated July 22, 2022 has passed the impugned order which reads as follows:
The Memorandum dated December 23, 2019, issued by the State Government for restructuring of service conditions and other benefits of Part-Time Teachers, Contractual Whole Time Teachers, and Guest Tea....
The court established that procedural errors by an authority can lead to unjust denial of rights, necessitating rectification to uphold fairness and equality.
Guest Teachers are entitled to the same grace marks as contractual teachers in recruitment processes, affirming equal treatment under the law.
Temporary or irregular employees lack a legal right to permanent status unless appointed per relevant rules, as established in Uma Devi (3).
The court established that part-time lecturers, despite their contractual status, are entitled to fair remuneration reflecting their job responsibilities, emphasizing the principle of equal pay for e....
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