WPA/483/2025 of DEODAS RAI Vs STATE OF WEST BENGAL AND ORS. on 20 August 2026

1. Affidavit of service filed in Court today is taken on record.

2. At the outset Ms. Supriya Singh, learned advocate appearing for respondent no. 3 submits that, no copy of the writ petition has been served upon her client and she prays for service of a copy of the writ petition upon her client.

A. Roy,J.

3. At this juncture, Mr. Bidhan Biswas, learned advocate appearing for the writ petitioner specifically submits that, he does not claim any relief against the respondent no. 3 and accordingly the respondent no. 3 can be deleted from the array of the respondents. He further submits that any order passed herein shall not bind the respondent no. 3.

4. In view of such submission made on behalf of the petitioner, the respondent no. 3 stands deleted from the array of the respondents.

5. The petitioner was engaged as Samprasarak in diffierent Madhyamik Siksha Kendras (MSKs) for a period of one year and in that regard agreements were executed between them. Thereafter, by the subsequent agreements between them, his engagement was renewed from time to time.

6. By a notification dated May 2, 2008 issued by the Department of Panchayats and Rural Development, Government of West Bengal, the upper age limit to continue as Samprasarak/Samprasarika of MSKs was enhanced to 65 years, instead of 60 years.

7. With regard to a notification dated December 18, 2019, issued by the School Education Department, Elementary Education Branch, Government of West Bengal, the administrative control of Sishu Siksha Kendras (SSKs) and Madhyamik Siksha Kendras (MSKs) was entrusted to the School Education Department, Government of West Bengal. By the said notification, it was stated therein that, Samprasaraks/Samprasarikas who were within the age of 60 years on

A. Roy,J.

April 1, 2020, would be required to give their option in the prescribed format by February 1, 2022 for treating them at par with the School Education Department. As per the notification, he would remain engaged with similar terms and conditions as that of para-teachers to get the similar benefits extendable to them.

8. The petitioner submitted that, though he exercised his option, but no benefit was extended to him which are admissible to the para-teachers. Under such circumstances, the petitioner seeks directions upon the respondent authorities so that he may be reverted to his previous status of Samprasarak and be allowed to continue his service till the age of 65 years.

9. Learned counsel for the petitioner submitted that, the petitioner was allured by the aforesaid notification dated December 18, 2019 that, he would get the benefit of Employees Provident Fund (EPF) as was admissible to the para-teachers. But, since he exercised option, no benefit of EPF was granted to him. Learned counsel also submitted that, if the option exercised by him subsists, his client would have to retire at the age of 65 years. He emphasized that, the petitioner be reverted back to the previous status and be allowed to continue his service as Samprasarak till the age of 65 years. In such context learned counsel informs the Court that, the petitioner has already retired after attaining the age of 60 years and as such, he submitted that, the petitioner be allowed to join his service and continue his service till the age of 65 years.

A. Roy,J.

On the other hand, learned counsel representing the Mission Director, Paschim Benga Rajya Sishu Siksha Mission, the second respondent herein, submitted by referring to a recent memo dated March 1, 2023 that, the Mission Director will have no objection if the petitioner is allowed to continue his service up to the age of 65 years. He further submitted that, till date the authority has not extended any additional benefit to Samprasarak/Samprasarika at par with the parateachers except granting the terminal benefit of Rs.3,00,000/-. He also submitted that, in the aforesaid memo dated March 1, 2023, it has been stated therein that, engagement of Sahayaks/Sahaikas has been stopped since 2012. Learned counsel, based on this memo, submitted that, the authority concerned has no objection if the Samprasarak/Samprasarika are reverted back to their previous status, provided they will not claim any benefit that are given or may be given in future to them treating at par with the para-teachers including Rs.3,00,000/- as terminal benefit. Learned counsel informed the Court that, the memo dated March 1, 2023 which was addressed to the Additional Secretary, Government of West Bengal has not yet been responded to.

10. Having heard learned counsel for the parties and considering the materials on record, especially the relevant Government notifications, this Court thinks it fit that the writ petition be disposed of by passing the following directions.

A. Roy,J.

11. The respondents concerned are directed to revert back the petitioner to his previous status of Samprasarak from the status at par with parateachers and allow him to maintain such status treating the option exercised by him as cancelled/withdrawn immediately.

12. The petitioner is permitted to continue his service as Samprasarak up to the age of 65 years.

13. The respondents concerned are directed to allow the petitioner to join his service as Samprasarak and continue his service till the age of 65 years treating his service as continuing one immediately.

14. It is made clear that, the petitioner will not be allowed to claim the benefits as admissible to the para-teachers.

15. With the aforesaid directions the writ petition, WPA 483 of 2025 stands disposed of, without any order as to costs.

16. The parties shall act on the server copy of this order duly downloaded from the official website of this Court.

17. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)