KRISHNENDU BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenging the legality of the order dtd. 30/6/2022 passed by the State Project Director, Paschim Banga Sarva Shiksha Mission rejecting his claim, the petitioner by preferring this writ petition seeks similar service benefits as available to Para Teachers, Voluntary Resource Persons (VRPs), Shiksha Bandhus and others under Sarva Shiksha Aviyan.

(2.) The background facts which led to the filing of the writ petition may be adumbrated as under: The petitioner is a Shiksha Mitra. Initially, he was engaged as a Bridge Course Instructor in a Bridge Course Centre in a school on 5/8/2004 to assist backward children in their education. Since his joining, he has been discharging his duties diligently. Presently, he is working as an Education Volunteer at Kechuadanga B.C. Vidyaniketan (HS). The Government of India launched a scheme namely Sarva Shiksha Abhiyan in the year 2000-01 to provide elementary education to all children of the age group of six to fourteen. All the Shiksha Mitras including the petitioner are working under the said scheme. The scheme was introduced to extend the benefit of alternative schooling to those children who left out school. 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 for a limited period. The programme of alternative schooling was launched in different Bridge Course Centres of Upper Primary Sectors and Rabindra Muktya Vidyalaya. At the beginning, in order to engage Bridge Course Instructor, the District Project Director invited applications from the intending candidates through Panchayat Samity and Gram Panchayat. Accordingly, Hogalberia Gram Panchayat by notice invited applications from the elgible candidates having qualification of graduation for engagement of Bridge Course Instructors. Ultimately, the petitioner was engaged as a Bridge Course Instructor in Raghunathpur Upper Primary School. His engagement was approved by the Project Director vide memo dtd. 21/7/2004. By a memo dtd. 28/1/2005, the Block Development Officer, Karimpur-I Development Block, Nadia made a proposal to the District Project Director to convert the Bridge Course Centre in which the petitioner was working to Rabindra Muktya Vidyalaya. Accordingly, the Bridge Course Centre was converted to Rabindra Muktya Vidyyalaya. By a memo dtd. 4/8/2004, the District Project Director prescribed procedure in detail for engagement of Shiksha Mitra (the then Community Tutor). Para Teachers and Shiksha Mitras were engaged under the aforesaid scheme in the year 2004. The duties of Para Teachers were to find out weaker students and to teach them whereas, the duties of Shiksha Mitras, like the petitioner, were to teach the students who were left out from regular schooling. On the other hand, Voluntary Resource Persons and Shiksha Bandhus were engaged as non-teaching staff. Considering the long and diligent service of Para Teachers, Voluntary Resource Persons, Shiksha Bandhus, Special Educators, the Secretary, School Education Department (Primary Branch) by issuing a memo dtd. 23/4/2010 declared that they would be reengaged until they attained the age of 60 years or until Sarva Shiksha Project was wound up. By the memo, the remuneration of those contractual employees was enhanced. The petitioner submits that though he is similarly situated and working under the same scheme, the benefit as extended to the aforesaid persons, was not extended to the Shiksha Mitras. By a memo dtd. 9/6/2010, it was clarified therein that remuneration of contractual teachers and others who were associated with Paschim Banga Sarva Shiksha Mission would be enhanced at the rate of 5% of the existing pay on expiry of every 3 years and they would remain engaged till they attained the age of 60 years even if the Government of India withdrew the scheme. By issuing another memorandum dtd. 9/8/2010, by the Officer on Special Duty and Ex-Officio Deputy Secretary, School Education Department it was clarified therein that the persons like the petitioner who were working through West Bengal Council of Rabindra Open Schooling and discharging their duties under Sarva Shiksha Mission would also remain engaged until they attained the age of 60 years. This memorandum also speaks of providing enhanced remuneration at the rate of 5% of the existing remuneration on expiry of every 3 years and also for retiral benefits. The petitioner complains that even after issuance of the aforesaid memorandums, his honorarium has not been enhanced.

(3.) By an order dtd. 16/11/2010 Special Educators who were working under the same scheme were also extended with the similar benefits but the order is silent about Shiksha Mitras.