LAWS(CAL)-2022-4-128

DIPAK KUMAR DINDA Vs. STATE OF WEST BENGAL

Decided On April 08, 2022
Dipak Kumar Dinda Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The petitioners (Dipak Kumar Dinda, Kalipada Das and Muktipada Shaw) filed the writ application being WPA No. 15372 of 2019 challenging the order dtd. 10/8/2017 passed by the Commissioner of School Education, West Bengal. By the aforesaid impugned order, the Commissioner directed the Chairman, District Primary School Council (DPSC), Purba Medinipur and Paschim Medinipur to terminate service of twelve primary school teachers under their jurisdiction after giving an opportunity to them and to recast the panel by excluding the names of unreserved candidates from the panel of Scheduled Caste category.

(2.) In compliance of the aforesaid direction passed by the Commissioner, School Education Department, the Chairman, DPSC Purba Medinipur terminated the service of Pradip Kr. Mudli Roy and the Chairman, DPSC Paschim Medinipur terminated the service of Dipak Kumar Dinda which is under challenge in the subsequent writ petition being WPA 780 of 2021. As the issue arises out of the impugned order dtd. 10/8/2017 both the matters are taken up for consideration analogously and are being disposed of by this common judgment.

(3.) The entire issue arises out of the selection process initiated by the then DPSC, Medinipur (undivided) in the year 1993. The petitioners in both the writ petitions aver that they participated in the selection process and were successful in the same. Appointment letters were issued in their favour in the year 1996. The petitioners in WPA 780 of 2021 submit that since the date of their appointment they performed their work satisfactorily. The aforesaid Pradip Kumar Mudli Roy, petitioner no. 2 in WPA 780 of 2021 attained his normal age of superannuation on 31/3/2022 and the petitioner no. 1, Dipak Kumar Dinda is due to attain his normal age of superannuation on 31/8/2022.