IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Jay Sengupta WPA 10016 of 2020 Dipak Samanta Vs Governing Body Sundarban Mahavidyalaya & Ors.

For the petitioner : Mr. Kamalesh Bhattacharyya Mr. Ashim Kr. Halder .....Advocates For the respondent no.1 : Mr. Subir Sanyal Mr. Kamal Mishra Mr. Pratap Sanfui .....Advocates For the Calcutta University : Ms. Nandini Mitra .....Advocate For the State : Mr. Rajarshi Basu Mr. Anirban Dutta .....Advocates Heard lastly on : 17.01.2025 Judgment on : 05.05.2025 Jay Sengupta, J:

1. This is an application challen ging termination of the petitioner’s service as a part time teacher in a Colle ge on 30.11.2015.

2. Learned counsel appearing on behalf of the petitioner submitted as follows. The petitioner was appointed as Part Time Teacher of the Sundarban Mahavidyalaya ( the college in question) on 21.11.2007. The said appointment was approved by the Director of Public Instructions, West Bengal by an order being No. 2011/01.03.2011 in terms of the Government order and/or Circular being No. 177Edn(CS) dated 18.02.2011. In supersession of all existing Government orders and/or Circulars, the Higher Education Department, Government of West Bengal by issuing the Government order and/or Circular being No. 751-Edn(CS)5P-46/99 dated 21.09.2010, fixed the remuneration of the Part Time Teacher at Rs.9450/- per month on and from 01.10.2010 and to be enhanced @ 5% at the interval of three years’ continue service and continued to remain engaged till they attained the age 60 years and entitled to get a Gratuity of Rupees One Lakh only in life time when he became 60 years. There was a clarification of workload that in no circumstances the College Authority would be allotting more than ten classes/periods to Part Time Teachers in a week and Part Time Teachers were no more liable to perform the assignment of University duty (e.g., Examination/paper setter/moderator, etc.) as well as College examination with effect from the publication of the said Circular being No. 751-Edn(CS)-5P-46/99 dated 21.09.2010. In violation of this Circular the Teacher-in-Charge allotted and/or forced the Part Time Teachers including petitioner to perform the assignment of University duty (e.g., Examination/paper setter/moderator, etc.). Objections were raised. The Teacher-in-Charge in order to take revenge withheld the arrear salaries. Objections were raised. The Teacher-in-Charge not only refused to release the arrear salaries and monthly salaries of the Part Time Teachers, but also used abusive language to the Part Time Teachers including petitioner and forced them to perform University Examination Duties, in violation of Circular being No. 751-Edn(CS)-5P-46/99 dated 21.09.2010. The petitioner raised objection. Hence, petitioner become eyesore of the Teacher-in-Charge and was threatened by the Teacher-in-Charge that he would dismiss the petitioner from service. The Teacher-in-Charge purportedly allotted answer scripts of B.A. Part-II Examination of Calcutta University for evaluation and invigilation duty in the University and College Examination violating the Government order and/or Circular being No. 751-Edn(CS)-5P-46/99 dated 21.09.2010. The petitioner was not entitled to act as evaluator of answer scripts of Calcutta University’s Examination. Show Cause Notice being Memo No. 09/MISC/PTT/14 dated 07.04.2014 was issued by the Teacher-in- Charge, whereby petitioner was asked to give reply within ten days from the date of receipt of the same. Challenging the said show cause notice, the petitioner along with another Part Time Teacher moved a writ petition being W.P. No. 12461 (W) of 2014. During pendency of the said writ petition being W.P. No. 12461 of 2014, the petitioner gave reply to the said purported show cause notice on 21.04.2014, denying all the allegations made therein. The petition being W.P. No. 12461 (W) of 2014 was dismissed for default on

05.02.2016 and application wa