IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION Appellate Side Present:

The Hon’ble Justice Rajasekhar Mantha And The Hon’ble Justice Ajay Kumar Gupta FMA No. 728 of 2023 With CAN 2 of 2025 State Projects Director, Paschim Banga Sarva Shiksha Mission Vs.

Krishnendu Biswas & Ors.

For the Appellant : Mr. L. K. Gupta, Ld. Sr. Adv.

Mr. Arjun Roy Mukherjee, Adv.

Ms. S. Mukherjee, Adv.

Mr. J. Medhi, Adv.

For the Respondent No. 1 : Mr. Samim Ahammed, Adv.

Mr. Anka Maiti, Adv.

Ms. Abmiya Khatun, Adv.

For the Respondent No. 7 : Mr. Pranit Kumar Ray, Ld. Sr. Adv.

Mr. Rahul Sarkar, Adv.

Mr. Atmaja Bandopadhyay, Adv.

Ms. Dipika Sarkar, Adv.

For the State : Mr. Sanjib Das, Adv.

Heard on : 17.03.2025 Judgment on : 04.04.2025 Ajay Kumar Gupta, J:

1. This instant intra Court appeal has been filed by the Appellant challenging the Judgment and Order dated 26.04.2023 passed by the Learned Single Judge in WPA 24767 of 2022.

2. By the said Judgment and Order, the Learned Single Judge disposed of the writ petition and directed, inter alia as follows: -

“The impugned order dated 30th June, 2022 passed by the State Project Director, Paschim Banga Sarva Shiksha Mission is hereby quashed.

The State respondents are directed to allow the petitioner to perform duties as a Shiksha Mitra in the educational institution namely, Kechuadanga B.C. Vidyaniketan (HS) or any other educational institution forthwith after the communication of this judgment and order. The engagement of the petitioner shall remain up to the age of 60 years. The State respondents are further directed to extend all the service benefits to the petitioner as is available to Shiksha Mitras in terms of the Government Order dated 9th June, 2010 and clarificatory memorandum dated 9th August, 2010 immediately after communication of this judgement and order.

The State respondents are further directed to pay the arrear honorarium to the petitioner which is admissible to Shiksha Mitras treating his engagement as a continuing one within a period of 8 weeks from the date of communication of this judgment and order. The relevant terms of the memorandum dated 7th February, 2011 and the memorandum dated 30th march, 2011 which restrict or affect the engagement of the petitioner as Shiksha Mitras are hereby set aside.”

FACTS OF THE CASE:

3. The brief facts are essential for the purpose of disposal of the instant appeal, are as under:

3a. The Respondent No. 1 was a Shiksha Mitra. Initially, he was appointed as a Bridge Course Instructor in a Bridge Course Centre in a school on 5th August, 2004 to assist backward classes children in their education. Presently, he is working as an Education Volunteer at Kechuadanga B.C. Vidyaniketan (HS).

3b. In the year 2000-2001, the Government of India launched a scheme, namely, Sarva Shiksha Abhiyan (SSA) to provide elementary education to children. All the Shiksha Mitras including the respondent no. 1 were working under the said scheme. The scheme was introduced to extend the benefit of alternative schooling to those children who left out school due to some unspecific reason.

3c. 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. The programme of alternative schooling was launched in different Bridge Course Centers of Upper Primary Sectors and Rabindra Muktya Vidyalaya.

3d. At the inception of the scheme, in order to engage Bridge Course Instructor, the District Project Director invited applications from the intending candidates through Panchayat Samity and Gram Panchayat. Accordingly, by notice, Hogalberia Gram Panchayat invited applications from the eligible candidates having qualification of graduation/bachelors for engagement of Bridge Course Instructors. Ultimately, the respondent no. 1 was engaged as a Bridge Course Instructor