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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Pampa Haldar – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioner engaged as para-teacher amidst disputes. (Para 1 , 2 , 3 , 4) |
| 2. ongoing litigation regarding engagement benefits. (Para 5 , 6 , 7 , 8 , 9 , 11) |
| 3. court's orders for re-engagement and salary. (Para 10 , 12 , 13 , 14 , 15) |
| 4. arguments presented by both parties. (Para 18 , 19 , 20) |
| 5. legal principles governing retrospective applications. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. court emphasizes authority compliance with orders. (Para 30 , 31 , 32 , 33) |
| 7. court's directive to extend benefits to petitioner. (Para 34) |
| 8. final resolution and order for remuneration. (Para 35 , 36 , 37 , 38 , 39) |
JUDGMENT :
PARTHA SARATHI CHATTERJEE, J.
1. The present writ petition is an offshoot of a protracted legal battle in which the petitioner and the respondents have been locked since 2016, concerning the petitioner’s engagement as a para-teacher in Geography at Muldia Chaitanyapur Desgourab Vidyamandir (hereinafter referred to as ’the said school’).
2. To address the shortage of adequate teaching staff in the school and to ensure proper education for its students, the school initiated a selection process in the year 2004 to fill certain posts of para-teachers. Pos
The retroactive application of circulars affecting employment engagement is impermissible without explicit legislative intent, ensuring the rights of the engaged party are preserved unless dissolved ....
The main legal point established in the judgment is that an order imposing a ban on new engagements cannot be applied retrospectively and does not affect pending selection processes.
The court confirmed that appointments must honor reservation policies, and errors by administrative authorities invalidating such appointments cannot be retrospectively rectified to the detriment of ....
A Para Teacher improperly denied benefits under governmental notifications due to administrative delays retains rights entitled under these notifications.
The court established that the appointment of teachers under the Jharkhand Education Project Council is contingent upon verification of qualifications and approval by the competent authority, and tha....
Only recipients of awards prior to the deletion of Clause 12 in the Government Circular are entitled to advance increments, emphasizing that formal approval is required for entitlement.
The court established that the deletion of the advance increment provision in the Government Circular was valid and did not apply retrospectively to teachers not awarded before the change.
Post of Assistant Teachers in Government Middle Schools - Qualification - It is mandatory provision that 50% of total posts shall be filled-up from candidates, who has working experience as a Para Te....
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